Section 17.37.040. Restrictions on medical use of marijuana.

   (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.

Notes

Implemented As

7 AAC 34.050

References

7 AAC 34.050

History

(Sec. 1 1998 Ballot Measure No. 8; am Sec. 5 ch 37 SLA 1999)