Section 17.37.030. Privileged medical use of marijuana.

   (a) A patient, primary caregiver, or alternate caregiver registered with the department under this chapter has an affirmative defense to a criminal prosecution related to marijuana to the extent provided in AS 11.71.090.
   (b) Except as otherwise provided by law, a person is not subject to arrest, prosecution, or penalty in any manner for applying to have the person's name placed on the confidential registry maintained by the department under AS 17.37.010.
   (c) A physician is not subject to any penalty, including arrest, prosecution, or disciplinary proceeding, or denial of any right or privilege, for
        (1) advising a patient whom the physician has diagnosed as having a debilitating medical condition about the risks and benefits of medical use of marijuana or that the patient might benefit from the medical use of marijuana, provided that the advice is based upon the physician's contemporaneous assessment in the context of a bona fide physician-patient relationship of
             (A) the patient's medical history and current medical condition; and
             (B) other approved medications and treatments that might provide relief and that are reasonably available to the patient and that can be tolerated by the patient; or
        (2) providing a patient with a written statement in an application for registration under AS 17.37.010.
   (d) Notwithstanding the provisions of this section, a person, including a patient, primary caregiver, or alternate caregiver, is not entitled to the protection of this chapter for the person's acquisition, possession, cultivation, use, sale, distribution, or transportation of marijuana for nonmedical use.

Notes

History

(Sec. 1 1998 Ballot Measure No. 8; am Sec. 4 ch 37 SLA 1999)