CSSSSB 94(FIN) AM: "An Act relating to the medical use of marijuana; and providing for an effective date."
00CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am 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 or 10 alternate caregiver for a 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 manufacture, delivery, possession, possession with intent to
01 manufacture, deliver, use, or display complied with the requirements of AS 17.37; and 02 (3) if the defendant is the 03 (A) primary caregiver of the patient, the defendant was in 04 physical possession of the caregiver registry identification card at the time of 05 the manufacture, delivery, possession, possession with intent to manufacture or 06 deliver, use, or display; or 07 (B) alternate caregiver of the patient, the defendant was in 08 physical possession of the caregiver registry identification card at the time of 09 the manufacture, delivery, possession, possession with intent to manufacture or 10 deliver, use, or display. 11 (b) In this section, 12 (1) "alternate caregiver" has the meaning given in AS 17.37.070; 13 (2) "patient" has the meaning given in AS 17.37.070; 14 (3) "primary caregiver" has the meaning given in AS 17.37.070. 15 * Sec. 2. AS 11.71.190(b) is amended to read: 16 (b) Marijuana is a schedule VIA controlled substance [EXCEPT FOR 17 MARIJUANA POSSESSED FOR MEDICAL PURPOSES UNDER AS 17.37]. 18 * Sec. 3. AS 17.37.010 is amended to read: 19 Sec. 17.37.010. Registry of patients and listing of caregivers [PATIENTS]. 20 (a) The department shall create and maintain a confidential registry of patients who 21 have applied for and are entitled to receive a registry identification card according to 22 the criteria set out [FORTH] in this chapter. The registry must also contain the 23 name of the primary caregiver and the name of the alternate caregiver of a 24 patient, if either is designated by the patient. Only one primary caregiver and 25 one alternate caregiver may be listed in the registry for a patient. The registry 26 and the information contained within it are not a public record under 27 AS 09.25.100 - 09.25.220. Peace officers and authorized employees of state or 28 municipal [LOCAL] law enforcement agencies shall be granted access to the 29 information contained within the department's confidential registry only 30 (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
01 enforcement official is lawfully in possession of such card ; or 02 (2) for the purpose of determining that an individual who claims 03 to be lawfully engaged in the medical use of marijuana is registered or listed with 04 the department or is considered to be registered or listed under (g) of this section . 05 (b) Except as provided in (a) of this section, a [NO] person , other than 06 authorized employees of the department in the course of their official duties, may 07 not [SHALL] be permitted to gain access to names of patients, physicians, primary or 08 alternate caregivers, [CARE-GIVERS] or any information related to such persons 09 maintained in connection with the department's confidential registry [, EXCEPT FOR 10 AUTHORIZED EMPLOYEES OF THE DEPARTMENT IN THE COURSE OF 11 THEIR OFFICIAL DUTIES AND AUTHORIZED EMPLOYEES OF STATE OR 12 LOCAL LAW ENFORCEMENT AGENCIES WHO HAVE STOPPED OR 13 ARRESTED A PERSON WHO CLAIMS TO BE ENGAGED IN THE MEDICAL 14 USE OF MARIJUANA AND IN THE POSSESSION OF A REGISTRY 15 IDENTIFICATION CARD OR ITS FUNCTIONAL EQUIVALENT PURSUANT TO 16 (e) OF THIS SECTION]. 17 (c) In order to be placed on the state's confidential registry for the medical use 18 [USES] of marijuana, an adult [A] patient or a parent or guardian of a minor 19 patient shall provide to the department 20 (1) a statement signed by the patient's physician 21 (A) stating that the physician personally examined the 22 patient and that the examination took place in the context of a bona fide 23 physician-patient relationship and setting out the date the examination 24 occurred; 25 (B) [THE ORIGINAL OR A COPY OF WRITTEN 26 DOCUMENTATION] stating that the patient has been diagnosed with a 27 debilitating medical condition ; and 28 (C) stating that the physician has considered other approved 29 medications and treatments that might provide relief, [AND THE 30 PHYSICIAN'S CONCLUSION] that are reasonably available to the patient, 31 and that can be tolerated by the patient , and that the physician has
01 concluded that the patient might benefit from the medical use of marijuana; 02 (2) a sworn application on a form provided by the department 03 containing the following information: 04 (A) the name, address, date of birth, and Alaska driver's 05 license or identification card [SOCIAL SECURITY] number of the patient; 06 (B) [(3)] the name, address, and telephone number of the 07 patient's physician; and 08 (C) [(4)] the name , [AND] address , date of birth, and Alaska 09 driver's license or identification card number of the patient's primary 10 caregiver and alternate caregiver [CARE-GIVER,] if either [ONE] is 11 designated at the time of application , along with the statements required 12 under (d) of this section; and 13 (3) if the patient is a minor, a statement by the minor's parent or 14 guardian that the patient's physician has explained the possible risks and benefits 15 of medical use of marijuana and that the parent or guardian consents to serve as 16 the primary caregiver for the patient and to control the acquisition, possession, 17 dosage, and frequency of use of marijuana by the patient . 18 (d) A person may be listed under this section as the primary caregiver or 19 alternate caregiver for a patient if the person submits a sworn statement on a 20 form provided by the department that the person 21 (1) is at least 21 years of age; 22 (2) has never been convicted of a felony offense under AS 11.71 or 23 AS 11.73 or a law or ordinance of another jurisdiction with elements similar to 24 an offense under AS 11.71 or AS 11.73; and 25 (3) is not currently on probation or parole from this or another 26 jurisdiction. 27 (e) A person may be a primary caregiver or alternate caregiver for only 28 one patient at a time unless the primary caregiver or alternate caregiver is 29 simultaneously caring for two or more patients who are related to the caregiver 30 by at least the fourth degree of kinship by blood or marriage. 31 (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. 02 The department shall notify the patient [APPLICANT] that the patient's [HIS OR 03 HER] application for a registry identification card has been denied if the department's 04 [ITS] review of the information that [WHICH] the patient has provided discloses that 05 the information required under [PURSUANT TO] (c) of this section has not been 06 provided or has been falsified or that the patient is not otherwise qualified to be 07 registered. If the department determines that the primary caregiver or alternate 08 caregiver is not qualified under this section to be a primary caregiver or alternate 09 caregiver, or if the information required under this section has not been provided 10 or has been falsified, the department shall notify the patient of that determination 11 and shall proceed to review the patient's application as if a primary caregiver or 12 alternate caregiver was not designated. The patient may amend the application 13 and designate a new primary caregiver or alternate caregiver at any time. The 14 department may not list a newly designated primary caregiver or alternate 15 caregiver until it determines that the newly designated primary caregiver or 16 alternate caregiver is qualified under this section and that the information 17 required under this section has been provided . Otherwise, not more than five days 18 after verifying the [SUCH] information, the department shall issue a [SERIALLY 19 NUMBERED] registry identification card to the patient , and, if a primary caregiver 20 for a patient has been listed in the registry, the department shall issue to the 21 patient a duplicate of the patient's card clearly identified as the caregiver registry 22 identification card, stating 23 (1) the patient's name, address, date of birth, and Alaska driver's 24 license or identification and [SOCIAL SECURITY] number; 25 (2) that the patient is registered with the department [PATIENT'S 26 NAME HAS BEEN CERTIFIED TO THE STATE HEALTH AGENCY] as a person 27 who has a debilitating medical condition that [WHICH] the patient may address with 28 the medical use of marijuana; 29 (3) the dates of issuance and expiration of the registry identification 30 card; and 31 (4) the name , [AND] address , date of birth, and Alaska driver's
01 license or identification card and number of the patient's primary caregiver and 02 alternate caregiver [CARE-GIVER], if either [ANY] is designated [AT THE TIME 03 OF APPLICATION]. 04 (g) [(e)] If the department fails to deny the application and issue a registry 05 identification card within 35 days of receipt of an application, the patient's application 06 for the [SUCH] card is considered [WILL BE DEEMED] to have been approved. 07 Receipt of an application shall be considered [DEEMED] to have occurred upon 08 delivery to the department [OR DEPOSIT IN THE UNITED STATES MAILS]. 09 Notwithstanding this subsection, an [THE FOREGOING, NO] application may not 10 [SHALL] be considered to have been [DEEMED] received before [PRIOR TO] 11 June 1, 1999. If the department subsequently registers a patient or lists a primary 12 caregiver or alternate caregiver, if either is designated, or denies the application 13 or listing, that registration or listing or denial revokes the approval that is 14 considered to have occurred under this subsection. 15 (h) A patient or a primary caregiver who is questioned by a [ANY] state or 16 municipal [LOCAL] law enforcement official about the patient's or primary 17 caregiver's [HIS OR HER] medical use of marijuana shall immediately show proper 18 identification to the official and inform the official that the person is a registered 19 patient or listed primary caregiver for a registered patient and either show the 20 official (1) the person's registry identification card, or (2) [PROVIDE] a copy of 21 an application that has been pending without registration or denial for over 35 22 days since received by [THE WRITTEN DOCUMENTATION SUBMITTED TO] the 23 department and proof of the date of [MAILING OR OTHER TRANSMISSION OF 24 THE WRITTEN DOCUMENTATION FOR] delivery to the department, which shall 25 be accorded the same legal effect as a registry identification card [,] until the patient 26 receives actual notice that the application has been denied. 27 (i) A [NO] person may not [SHALL] apply for a registry identification card 28 more than once every six months. 29 (j) [(f)] The denial or revocation of a registry identification card or the 30 removal of a patient from the registry or the listing of a caregiver shall be 31 considered a final agency action subject to judicial review. Only the patient , or the
01 parent or guardian of a patient who is a minor, has [WHOSE APPLICATION HAS 02 BEEN DENIED SHALL HAVE] standing to contest the final agency action. 03 (k) [(g)] When there has been a change in the name, address, or physician [, 04 OR PRIMARY CARE-GIVER] of a patient who has qualified for a registry 05 identification card , or a change in the name or address of the patient's primary 06 caregiver or alternate caregiver , that patient must notify the department [STATE 07 HEALTH AGENCY] of the [ANY SUCH] change within 10 days. To maintain an 08 effective registry identification card, a patient must annually resubmit updated written 09 documentation , including a statement signed by the patient's physician containing 10 the information required to be submitted under (c)(1) of this section, to the 11 department [STATE HEALTH AGENCY], as well as the name and address of the 12 patient's primary caregiver or alternate caregiver [CARE-GIVER], if any. 13 (l) [(h)] A patient who no longer has a debilitating medical condition and the 14 patient's primary caregiver, if any, shall return all [HIS OR HER] registry 15 identification cards [CARD] to the department within 24 hours of receiving the 16 [SUCH] diagnosis by the patient's [HIS OR HER] physician. 17 (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 19 that impairs its legibility, or laminated. 20 (n) The department may revoke a patient's registration if the department 21 determines that the patient has violated a provision of this chapter or AS 11.71. 22 (o) The department may remove a primary caregiver or alternate 23 caregiver from the registry if the department determines that the primary 24 caregiver or alternate caregiver is not qualified to be listed or has violated a 25 provision of this chapter or AS 11.71. 26 (p) [(i)] The department may determine and levy reasonable fees to pay for 27 any administrative costs associated with its [THEIR] role in administering this 28 chapter [THIS PROGRAM]. 29 (q) A primary caregiver may only act as the primary caregiver for the 30 patient when the primary caregiver is in physical possession of the caregiver 31 registry identification card. An alternate caregiver may only act as the primary
01 caregiver for the patient when the alternate caregiver is in physical possession of 02 the caregiver registry identification card. 03 (r) The department may not register a patient under this section unless 04 the statement of the patient's physician discloses that the patient was personally 05 examined by the physician within the one-year period immediately preceding the 06 patient's application. The department shall cancel, suspend, revoke or not renew 07 the registration of a patient whose annual resubmission of updated written 08 documentation to the department under (k) of this section does not disclose that 09 the patient was personally examined by the patient's physician within the one- 10 year period immediately preceding the date by which the patient is required to annually 11 resubmit written documentation. 12 * Sec. 4. AS 17.37.030 is amended to read: 13 Sec. 17.37.030. Privileged medical use of marijuana. (a) A patient, 14 primary caregiver, or alternate caregiver registered with the department under 15 this chapter has an affirmative defense to a criminal prosecution related to 16 marijuana to the extent provided in AS 11.71.090 [EXCEPT AS OTHERWISE 17 PROVIDED IN AS 17.37.040, NO PATIENT OR PRIMARY CARE-GIVER MAY 18 BE FOUND GUILTY OF, OR PENALIZED IN ANY MANNER FOR, A 19 VIOLATION OF ANY PROVISION OF LAW RELATED TO THE MEDICAL USE 20 OF MARIJUANA, WHERE IT IS PROVED BY A PREPONDERANCE OF THE 21 EVIDENCE THAT 22 (1) THE PATIENT WAS DIAGNOSED BY A PHYSICIAN 23 AS HAVING A DEBILITATING MEDICAL CONDITION; 24 (2) THE PATIENT WAS ADVISED BY HIS OR HER PHYSICIAN, 25 IN THE CONTEXT OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, 26 THAT THE PATIENT MIGHT BENEFIT FROM THE MEDICAL USE OF 27 MARIJUANA IN CONNECTION WITH A DEBILITATING MEDICAL 28 CONDITION; AND 29 (3) THE PATIENT AND HIS OR HER PRIMARY CARE-GIVER 30 WERE COLLECTIVELY IN POSSESSION OF AMOUNTS OF MARIJUANA ONLY 31 AS PERMITTED UNDER THIS SECTION].
01 (b) Except as otherwise provided by law, a person is not [IN AS 17.37.040, 02 NO PATIENT OR PRIMARY CARE-GIVER IN LAWFUL POSSESSION OF A 03 REGISTRY IDENTIFICATION CARD SHALL BE] subject to arrest, prosecution, or 04 penalty in any manner for [MEDICAL USE OF MARIJUANA OR FOR] applying to 05 have the person's [HIS OR HER] name placed on the confidential registry 06 [REGISTER] maintained by the department under AS 17.37.010 . 07 (c) A [NO] physician is not [SHALL BE] subject to any penalty, including 08 arrest, prosecution, or disciplinary proceeding, or denial of [BE DENIED] any right 09 or privilege, for 10 (1) advising a patient whom the physician has diagnosed as having a 11 debilitating medical condition [,] about the risks and benefits of medical use of 12 marijuana or that the patient [HE OR SHE] might benefit from the medical use of 13 marijuana [,] provided that the [SUCH] advice is based upon the physician's 14 contemporaneous assessment in the context of a bona fide physician-patient 15 relationship of 16 (A) the patient's medical history and current medical condition ; 17 and 18 (B) other approved medications and treatments that might 19 provide relief and that are reasonably available to the patient and that can 20 be tolerated by the patient [AND A BONA FIDE PHYSICIAN-PATIENT 21 RELATIONSHIP]; or 22 (2) providing a patient with a written statement in an application for 23 registration under AS 17.37.010 [WRITTEN DOCUMENTATION, BASED UPON 24 THE PHYSICIAN'S CONTEMPORANEOUS ASSESSMENT OF THE PATIENT'S 25 MEDICAL HISTORY AND CURRENT MEDICAL CONDITION AND A BONA 26 FIDE PHYSICIAN-PATIENT RELATIONSHIP, STATING THAT THE PATIENT 27 HAS A DEBILITATING MEDICAL CONDITION AND MIGHT BENEFIT FROM 28 THE MEDICAL USE OF MARIJUANA]. 29 (d) Notwithstanding the [FOREGOING] provisions of this section, a [, NO] 30 person, including a patient , [OR] primary caregiver, or alternate caregiver, is not 31 [CARE-GIVER, SHALL BE] entitled to the protection of this chapter [SECTION] for
01 the person's [HIS OR HER] acquisition, possession, cultivation, use, sale, distribution, 02 or [AND/OR] transportation of marijuana for nonmedical [NON-MEDICAL] use. 03 [(e) ANY PROPERTY INTEREST THAT IS POSSESSED, OWNED, OR 04 USED IN CONNECTION WITH THE MEDICAL USE OF MARIJUANA, OR ACTS 05 INCIDENTAL TO SUCH USE, SHALL NOT BE HARMED, NEGLECTED, 06 INJURED, OR DESTROYED WHILE IN THE POSSESSION OF STATE OR 07 LOCAL LAW ENFORCEMENT OFFICIALS WHERE SUCH PROPERTY HAS 08 BEEN SEIZED IN CONNECTION WITH THE CLAIMED MEDICAL USE OF 09 MARIJUANA. ANY SUCH PROPERTY INTEREST SHALL NOT BE FORFEITED 10 UNDER ANY PROVISION OF STATE OR LOCAL LAW PROVIDING FOR THE 11 FORFEITURE OF PROPERTY OTHER THAN AS A SENTENCE IMPOSED 12 AFTER CONVICTION OF A CRIMINAL OFFENSE OR ENTRY OF A PLEA OF 13 GUILTY TO SUCH OFFENSE. MARIJUANA AND PARAPHERNALIA SEIZED 14 BY STATE OR LOCAL LAW ENFORCEMENT OFFICIALS FROM A PATIENT 15 OR PRIMARY CARE-GIVER IN CONNECTION WITH THE CLAIMED MEDICAL 16 USE OF MARIJUANA SHALL BE RETURNED IMMEDIATELY UPON THE 17 DETERMINATION THAT THE PATIENT OR PRIMARY CARE-GIVER IS 18 ENTITLED TO THE PROTECTION CONTAINED IN THIS SECTION AS MAY BE 19 EVIDENCED, FOR EXAMPLE, BY A DECISION NOT TO PROSECUTE, THE 20 DISMISSAL OF CHARGES, OR ACQUITTAL.] 21 * Sec. 5. AS 17.37.040 is amended to read: 22 Sec. 17.37.040. Restrictions on medical use of marijuana. (a) A [NO] 23 patient , primary caregiver, or alternate caregiver may not [IN LAWFUL 24 POSSESSION OF A REGISTRY IDENTIFICATION CARD SHALL] 25 (1) engage in the medical use of marijuana in a way that endangers the 26 health or well-being of any person; 27 (2) engage in the medical use of marijuana in plain view of, or in a 28 place open to, the general public; this paragraph does not prohibit a patient or 29 primary caregiver from possessing marijuana in a place open to the general 30 public if 31 (A) the person possesses, in a closed container carried on the
01 person, one ounce or less of marijuana in usable form; 02 (B) the marijuana is not visible to anyone other than the 03 patient or primary caregiver; and 04 (C) the possession is limited to that necessary to transport 05 the marijuana directly to the patient or primary caregiver or directly to 06 a place where the patient or primary caregiver may lawfully possess or use 07 the marijuana; [OR] 08 (3) sell or distribute marijuana to any person , except that a patient 09 may deliver marijuana to the patient's primary caregiver and a primary caregiver 10 may deliver marijuana to the patient for whom the caregiver is listed; or 11 (4) possess in the aggregate more than 12 (A) one ounce of marijuana in usable form; and 13 (B) six marijuana plants, with no more than three mature 14 and flowering plants producing usable marijuana at any one time [WHO 15 IS KNOWN TO THE PATIENT NOT TO BE EITHER IN LAWFUL 16 POSSESSION OF A REGISTRY IDENTIFICATION CARD OR ELIGIBLE 17 FOR SUCH CARD]. 18 (b) Any patient found by a preponderance of the evidence to have knowingly 19 [WILLFULLY] violated the provisions of this chapter shall be precluded from 20 obtaining or using a registry identification card for the medical use of marijuana for 21 a period of one year. In this subsection, "knowingly" has the meaning given in 22 AS 11.81.900. 23 (c) A [NO] governmental, private, or [ANY] other health insurance provider 24 is not [SHALL BE REQUIRED TO BE] liable for any claim for reimbursement for 25 expenses associated with [THE] medical use of marijuana. 26 (d) Nothing in this chapter requires [SECTION SHALL REQUIRE] any 27 accommodation of any medical use of marijuana 28 (1) in any place of employment; 29 (2) in any correctional facility , medical facility, or facility monitored 30 by the department or the Department of Administration ; 31 (3) on or within 500 feet of school grounds;
01 (4) at or within 500 feet of a recreation or youth center; or 02 (5) on a school bus. 03 * Sec. 6. AS 17.37.060 is amended to read: 04 Sec. 17.37.060. Addition of debilitating medical conditions. Not later than 05 90 days after the effective date of this Act [JUNE 1, 1999], the department shall 06 adopt [PROMULGATE] regulations under AS 44.62 (Administrative Procedure Act) 07 governing the manner in which it may consider adding debilitating medical conditions 08 to the list provided in AS 17.37.070 [THIS SECTION]. After the adoption of the 09 regulations [JUNE 1, 1999], the department shall also accept for consideration 10 physician or patient initiated petitions to add debilitating medical conditions to the list 11 provided in AS 17.37.070 [THIS SECTION] and, after hearing, shall approve or deny 12 the [SUCH] petitions within 180 days of submission. The denial of [SUCH] a petition 13 shall be considered a final agency action subject to judicial review. 14 * Sec. 7. AS 17.37.070 is amended to read: 15 Sec. 17.37.070. Definitions. In this chapter, unless the context clearly requires 16 otherwise, 17 (1) "alternate caregiver" means a person who is listed as an 18 alternate caregiver under AS 17.37.010; 19 (2) "bona fide physician-patient relationship" means that the 20 physician obtained a patient history, performed an in-person physical examination 21 of the patient, and documented written findings, diagnoses, recommendations, and 22 prescriptions in written patient medical records maintained by the physician; 23 (3) "correctional facility" has the meaning given in AS 33.30.901 24 [MEANS A STATE PRISON INSTITUTION OPERATED AND MANAGED BY 25 EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS OR PROVIDED TO 26 THE DEPARTMENT OF CORRECTIONS BY AGREEMENT UNDER AS 33.30.031 27 FOR THE CARE, CONFINEMENT OR DISCIPLINE OF PRISONERS]; 28 (4) [(2)] "debilitating medical condition" means 29 (A) cancer, glaucoma, positive status for human 30 immunodeficiency virus, or acquired immune deficiency syndrome, or treatment 31 for any of these conditions;
01 (B) any chronic or debilitating disease or treatment for such 02 diseases, which produces, for a specific patient, one or more of the following, 03 and for which, in the professional opinion of the patient's physician, such 04 condition or conditions reasonably may be alleviated by the medical use of 05 marijuana: cachexia; severe pain; severe nausea; seizures, including those that 06 are characteristic of epilepsy; or persistent muscle spasms, including those that 07 are characteristic of multiple sclerosis; or 08 (C) any other medical condition, or treatment for such 09 condition, approved by the department, under [PURSUANT TO ITS 10 AUTHORITY TO PROMULGATE] regulations adopted under AS 17.37.060 11 or [ITS] approval of a [ANY] petition submitted [BY A PATIENT OR 12 PHYSICIAN] under AS 17.37.060; 13 (5) [(3)] "department" means the Department of Health and Social 14 Services; 15 (6) "facility monitored by the department or the Department of 16 Administration" means an institution, building, office, or home operated by the 17 department or the Department of Administration, funded by the department or 18 the Department of Administration, under contract with the department or the 19 Department of Administration, inspected by the department or the Department 20 of Administration, designated by the department or the Department of 21 Administration, or licensed by the department or the Department of 22 Administration, for the care of 23 (A) juveniles; for the purposes of this subparagraph, 24 "institution" includes a foster home and a group home, and a juvenile 25 detention facility; a juvenile detention home, a juvenile work camp, and a 26 treatment facility, as those terms are defined in AS 47.14.990; 27 (B) the elderly; for the purposes of this subparagraph, 28 "institution" includes an assisted living home as defined in AS 47.33.990 29 and a Pioneers' Home operated under AS 47.55; 30 (C) the mentally ill; for the purposes of this subparagraph, 31 "institution" includes a designated treatment facility and an evaluation
01 facility, as those terms are defined in AS 47.30.915; 02 (7) "medical facility" means an institution, building, office, or home 03 providing medical services, and includes a hospital, clinic, physician's office, or 04 health facility as defined in AS 47.07.900, and a facility providing hospice care or 05 rehabilitative services, as those terms are defined in AS 47.07.900; 06 (8) [(4)] "medical use" means the acquisition, possession, cultivation, 07 use or [AND/OR] transportation of marijuana or [AND/OR] paraphernalia related to 08 the administration of [SUCH] marijuana to alleviate [ADDRESS THE SYMPTOMS 09 OR EFFECTS OF] a debilitating medical condition under the provisions of this 10 chapter and AS 11.71.090 [ONLY AFTER A PHYSICIAN HAS AUTHORIZED 11 SUCH MEDICAL USE BY A DIAGNOSIS OF THE PATIENT'S DEBILITATING 12 MEDICAL CONDITION]; 13 (9) [(5)] "patient" means a person who has a debilitating medical 14 condition; 15 (10) [(6)] "physician" means a person licensed to practice medicine in 16 this state or an officer in the regular medical service of the armed forces of the United 17 States or the United States Public Health Service while in the discharge of their official 18 duties, or while volunteering services without pay or other remuneration to a hospital, 19 clinic, medical office, or other medical facility in this state; 20 (11) [(7)] "primary caregiver [CARE-GIVER]" means a person listed 21 as a primary caregiver under AS 17.37.010 and in physical possession of a 22 caregiver registry identification card; "primary caregiver" also includes an 23 alternate caregiver when the alternate caregiver is in physical possession of the 24 caregiver registry identification card [, OTHER THAN THE PATIENT'S 25 PHYSICIAN, WHO IS 18 YEARS OF AGE OR OLDER AND HAS SIGNIFICANT 26 RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT WHO 27 HAS A DEBILITATING MEDICAL CONDITION]; 28 (12) [(8) "PRISONER" MEANS A PERSON DETAINED OR 29 CONFINED IN A CORRECTIONAL FACILITY, WHETHER BY ARREST, 30 CONVICTION, OR COURT ORDER, OR A PERSON HELD AS A WITNESS OR 31 OTHERWISE, INCLUDING MUNICIPAL PRISONERS HELD UNDER CONTRACT
01 AND JUVENILES HELD UNDER THE AUTHORITY OF AS 47.10; 02 (9) "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT 03 ISSUED BY THE DEPARTMENT WHICH IDENTIFIES A PATIENT 04 AUTHORIZED TO ENGAGE IN THE MEDICAL USE OF MARIJUANA AND THE 05 PATIENT'S PRIMARY CARE-GIVER, IF ANY; 06 (10)] "Usable form" and "usable marijuana" means the seeds, leaves, 07 buds, and flowers of the plant (genus) cannabis, but does not include the stalks or roots 08 [; 09 (11) "WRITTEN DOCUMENTATION" MEANS A STATEMENT 10 SIGNED BY A PATIENT'S PHYSICIAN OR COPIES OF THE PATIENT'S 11 PERTINENT MEDICAL RECORDS]. 12 * Sec. 8. AS 17.37.020 and 17.37.050 are repealed. 13 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).