An Act relating to the medical use of marijuana; and providing for an effective date.

HB 213 makes the following changes to the Medical Marijuana Act (MMA) consistent with the perceived needs of the Department of Public Safety so our state's drug laws can be successfully enforced:

Registration: To protect all medical marijuana patients, require registration with DHSS. The MMA establishes a state registry, but participation is not required. Without registration, it becomes difficult for police to distinguish between medical use (legal) and recreational use (made illegal by Alaska voters in 1990).

Access: Law enforcement must have access to information in the state registry while in the course of a criminal investigation or prosecution. The MMA unreasonably limits access only to those occasions when an officer has "stopped or arrested" a person claiming a medical use, and wishes to verify registration.

Possession Limits: The MMA allows possession of unlimited amounts of marijuana if it can be "medically justified," without defining what that means. HB 213 establishes firm possession limits of one ounce in usable form and six plants.

Display Registry ID Card: HB 213 requires all patients & primary caregivers to be issued a state ID card, just as we issue permits to Alaskans who qualify to carry concealed weapons. If a police officer questions a patient or primary caregiver about the medical use of marijuana, the person must display a registry card.

Limitations on Primary Caregivers: HB 213 establishes wise precautions to prevent abuse. Each patient can have only ONE primary caregiver, and each primary caregiver can care for only ONE patient (with limited exceptions). A person who has violated drug laws of Alaska or another state cannot be a primary caregiver. A person who is on probation or parole cannot be a primary caregiver.

In addition to the above changes requested by DPS, HB 213 makes the following changes:

Consider other available treatments: Requires physicians recommending marijuana to explore "other approved medications and treatments that might provide relief." This change is consistent with the recommendations of the federal Institute of Medicine study on medical marijuana, released last month.

Closes loopholes: The MMA contains numerous drafting flaws, such as using the word "section" where "chapter" is more appropriate. If left uncorrected, these errors create gaping loopholes which, contrary to the initiative sponsor's intent, will allow marijuana to be smoked in public places, on school grounds, on a school bus, in state prisons, and at the workplace.