Alaska Statutes 11.71.090 – Affirmative defense to a prosecution under AS 11.71.030 – 11.71.060; medical use of marijuana

(a) In a prosecution under Alaska Stat. § 11.71.030 – 11.71.060 charging the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display of a schedule VIA controlled substance, it is an affirmative defense that the defendant is a patient, or the primary caregiver or alternate caregiver for a patient, and

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Terms Used In Alaska Statutes 11.71.090

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(1) at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display, the patient was registered under Alaska Stat. Chapter 17.37;

(2) the manufacture, delivery, possession, possession with intent to manufacture, deliver, use, or display complied with the requirements of Alaska Stat. Chapter 17.37; and

(3) if the defendant is the

(A) primary caregiver of the patient, the defendant was in physical possession of the caregiver registry identification card at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display; or

(B) alternate caregiver of the patient, the defendant was in physical possession of the caregiver registry identification card at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display.

(b) In this section,

(1) “alternate caregiver” has the meaning given in Alaska Stat. § 17.37.070;

(2) “patient” has the meaning given in Alaska Stat. § 17.37.070;

(3) “primary caregiver” has the meaning given in Alaska Stat. § 17.37.070.

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