Medical Marijuana Patient Resources: Alaska
The Law In Alaska: From 1998 to Present
History
Alaskans passed
Ballot Measure 8 on November 3, 1998. The law went into effect on March 4, 1999.
Amendments
An amendment to the law was enacted on 6/2/99 by
Senate Bill 94. In Ballot Measure 8, a legal defense was afforded to non-registered patients, as well as those who could demonstrate adequate need to possess greater amounts of marijuana than authorized by state law. Senate Bill 94 removed the legal protections for medical marijuana patients who are not registered with the state health department and do not possess a valid identification card, or who possess greater amounts of marijuana than authorized by state law.
Current Version of the Law
http://touchngo.com/lglcntr/akstats/Statutes/Title17/Chapter37.htm
Patient Approval Process
Patient Approval Process
To be placed on the state's confidential registry for the medical use of marijuana, the patient must complete the "
Application for Registry Identification Card for Medical Use of Marijuana", and have the "
Physician Statement" completed. If a primary or primary alternate caregiver is specified, the form "
Caregiver Application for Medical Use of Marijuana Applicant" must also be completed. All forms submitted to the Bureau of Vital Statistics must be originals.
A nonrefundable fee of $25.00 ($20.00 for a renewal) and a legible photocopy of the Alaska State Driver's License or Identification Card of the patient and all caregivers must be submitted with the application.
Make your check or money order payable to the Bureau of Vital Statistics and mail it along with the application to the following address:
Alaska Bureau of Vital Statistics, Marijuana Registry, P.O. Box 110699, Juneau, AK 99811-0699
Minors
For medical marijuana patients under the age of 18, the parent or guardian must register as the patient's primary caregiver. They must verify that the minor's physician has explained the possible risks and benefits of medical use of marijuana, and that they consent to serve as the primary caregiver for the patient. They must consent to control the acquisition, possession, dosage and frequency of use for the minor.
Additional Patient Considerations
A person may not apply for a registry identification card more than once every six months.
If your application is not complete, it will be denied and you will not be allowed to reapply for a period of six months.
Renewal applications submitted after a registry identification card has expired will be considered a new application and the applicant will be required to pay the fee for first-time applicants.
When there has been a change in the name, address, or physician 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 of the 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, as well as the name and address of the patient's primary caregiver or alternate caregiver, if any.
A patient who no longer has a debilitating medical condition and the patient's primary caregiver, if any, shall return all registry identification cards to the department within 24 hours of receiving the diagnosis by the patient's physician.
A copy of a registry identification card is not valid. A registry identification card is not valid if the card has been altered, mutilated in a way that impairs its legibility, or laminated.
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.
Physician Recommendation Process
Physician Recommendation
When the patient application is submitted, it must include a statement from the patient's physician, using either the
Physician Statement Form (located in the
Alaska Medical Marijuana Registry Packet) or a letter addressing the conditions mentioned in the
Physician Statement Form and signed by the patient's physician. The physician must verify that:
1. They personally examined the patient and that the examination took place in the context of a bona fide physician-patient relationship;
2. The patient has a debilitating medical condition qualifying under AS 17.37.070.
3. They have considered other approved medications and treatments that might provide relief, that are reasonably available to the patient, and that can be tolerated by the patient, and have concluded that the patient might benefit from the medical use of marijuana.
4. Either they are licensed to practice medicine in the state of Alaska or are 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 Alaska.
The physician must also provide their signature and license number in the statement form.
Approved Conditions
Debilitating medical conditions as qualifying under AS 17.37.070 are:
(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 the marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic or multiple sclerosis; or
(C) any other medical condition, or treatment for such condition, approved by the department, under regulations adopted under AS17.37.060 or approval of a petition submitted under AS17.37.060.
Additional Physician Considerations
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 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.
Growing or Obtaining Medical Marijuana (Patients & Caregivers)
Restrictions
(a) A patient, primary caregiver, or alternate caregiver may not
(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;
(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.
(b) Any patient found by a preponderance of the evidence to have knowingly 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 governmental, private, or other health insurance provider is not liable for any claim for reimbursement for expenses associated with medical use of marijuana.
(d) Nothing in this chapter requires 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.
Caregiver Application Process
If a Primary or Primary Alternate Caregiver is specified by the patient, the caregiver must fill out the "
Primary Caregiver Application for Medical Use of Marijuana Applicant" or "
Alternate Caregiver Application for Medical Use of Marijuana Applicant" form. The caregiver must:
1. Provide their name, address, phone number, date of birth and Alaska Driver's License or I.D. number.
2. Be at least 21 years of age.
3. Have 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.
4. Not currently be on probation or parole in this or any another jurisdiction.
Additional Caregiver Considerations
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.
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.
Required Documentation
Alaska Medical Marijuana Registry Packet
Applicable Links
Alaska Department of Public Health
Alaska Statute Title 17, Chapter 37: "Medical Uses of Marijuana"
Medical Marijuana Law in Alaska according to Americans for Safe Access
Marijuana Law in Alaska according to NORML
Disclaimer: The information provided in this table is intended for reference only. Medical marijuana law is constantly evolving, and medical marijuana remains illegal under federal law. For verification on the medical marijuana law in your state, please contact a lawyer or the appropriate government agency.