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- Alaska Statutes.
- Title 17. Food and Drugs
- Chapter 37. Medical Uses of Marijuana
- Section 40. Restrictions On Medical Use of Marijuana.
previous: Section 30
. Privileged Medical Use of Marijuana.
next: Section 50
. Medical Use of Marijuana By a Minor. [Repealed, Sec. 8 Ch 37 SLA 1999].
AS 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
- (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.
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