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

On March 25, 1999 the House HESS Committee held a public hearing to explore enforcement and ambiguity problems which have come to light on the medical marijuana initiative (Ballot Measure No. 8). The result is House Bill 213 which proposes several amendments to AS 17.37.010 - 17.37.070, the "Medical Uses of Marijuana for Persons Suffering from Debilitating Medical Conditions Act."

In the 1998 Official Election Pamphlet, the sponsors of the medical marijuana initiative (Ballot Measure No. 8) stated their proposal was designed to help "terminally ill patients and others suffering from debilitating medical conditions." The sponsors further stated, "Marijuana would still be illegal for non-medical use. Ballot Measure No. 8 provides full protection against abuse of the new law."

Scrutiny of the marijuana act by legal experts and people who work in law enforcement and youth services has revealed defects that create significant potential for abuse. The defects include legal "loopholes," ill-defined terms, and vague language. HB 213 corrects these deficiencies - it will still allow use of marijuana for "medical" purposes, but ensures that use of marijuana for "recreational" and other non-medical purposes remains illegal. HB 213 was written with input from employees of the Department of Public Safety, the Department of Law, and local law enforcement agencies, and the sponsor of SB 94.

Earlier this decade, in 1990, Alaska voters approved Ballot Measure No. 2 to re-criminalize marijuana. In the 1998 election, the sponsors of the medical marijuana initiative advertised that they were not seeking a general legalization of marijuana - in effect, they were not proposing a repeal of Ballot Measure No. 2 from 1990. Therefore, it is prudent to conclude that most Alaska voters who supported Measure 8 last year did so with the understanding that they were not acting to repeal the tough anti-marijuana laws made effective with the passage of Measure 2. HB 213 is designed to reconcile the provisions of these two different initiatives - both of which represent the majority will of the Alaskan people. It does not repeal the medical marijuana initiative, which the Legislature is prohibited from doing under the constitution. Rather, HB 213 will ensure the initiative works as it was intended.

One of the more curious deficiencies in the medical marijuana initiative can be found at AS 17.37.010. This section outlines an elaborate registration system for medical marijuana patients - but fails to actually require anyone to sign up to legally use marijuana. This glaring omission makes it difficult for law enforcement to distinguish valid users from recreational users. HB 213 corrects this flaw by making registration mandatory for both patients and primary caregivers, and requiring users to present a registry identification card when questioned by a law enforcement officer.

HB 213 places reasonable limits on the places where marijuana can be manufactured, exchanged, or used for medical purposes. The legislation also creates new standards for those persons who are designated as "primary caregivers" for patients using marijuana. Only one caregiver can be registered for a patient at any given time, and this person must be at least 21 years of age, not currently on probation or parole, and never convicted of a felony violation of the drug laws of Alaska or other state.

HB 213 is the companion bill to SB 94