Juneau -- Legislation introduced this morning by Senator Loren Leman (R-Anchorage) proposes amendments to the new law that permits use of marijuana for medical purposes, which takes effect today.

"Senate Bill 94 will close several gaping loopholes in the medical marijuana law that could allow people to use or transfer marijuana for other than valid medical reasons," commented Sen. Leman. "The medical marijuana statute may have been approved by voters with good intentions, but scrutiny by legal experts and law enforcement personnel has revealed grave defects that could undermine public health and safety."

Among other provisions, SB 94 explicitly requires that patients using marijuana must be registered with the Department of Health and Social Services. "Under the existing medical marijuana law, a state registry is created, but curiously there is no legal requirement that persons entitled to use marijuana for 'medical purposes' must be listed," noted Sen. Leman. "Under the current law, the existence of a registry does little more than create an illusion that marijuana use will be a limited and carefully monitored process. SB 94 will correct this weakness."

SB 94 also adds the following new requirements to the medical marijuana law:

• A physician recommending medical use of marijuana must submit a signed statement that states the grounds for the physician's conclusion that "there is no other legal treatment that can be tolerated by the patient that is as effective in alleviating the debilitating medical condition."
• Law enforcement personnel are allowed broader access to the state's registry of patients and caregivers permitted to use marijuana. Peace officers and other authorized employees of law enforcement agencies can access the registry in the course of a criminal investigation or prosecution.
• The use, possession, or display of marijuana for medical purposes can occur only
  1. in the residence of the patient or primary caregiver, or
  2. in a doctor's office or other health care facility while under the supervision of the patient's physician.
• A person designated as a "primary caregiver" for a patient must be at least 21 years of age, not currently on probation or parole, and must never have been convicted of a felony under Alaska's controlled substance laws.

Senator Leman stated that his proposed legislation will allow physicians to recommend marijuana use for certain patients, while not interfering with the mission of law enforcement to prosecute violators of Alaska's controlled substance laws. "This legislation strikes a proper balance and will protect public health and safety from the unintended consequences of a poorly crafted initiative."

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