Title 17 — Food and Drugs
13 chapters · 148 sections in this title.
AS 17.30.118 Petition for release of seized items.
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(a) A claimant under AS 17.30.116(b) may at any time petition for release of a seized item as follows: (1) to a court in which a warrant for seizure has been issued; (2) to a court in which a criminal or civil action alleging forfeiture of the item has been filed; or (3) before a…
AS 17.30.120 Petition for sale of seized item.
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A claimant may petition the court for sale of an item before final disposition of court proceedings. The court shall grant a petition for sale upon a finding that the sale is in the best interests of the state and the preservation and maintenance of the item seized. Proceeds from…
AS 17.30.122 State disposal of forfeited property.
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Property forfeited under AS 17.30.110 — 17.30.126 other than controlled substances and firearms shall be disposed of by the commissioner of administration in accordance with applicable law. Firearms shall be disposed of as provided in AS 18.65.340. As to property other than firea…
AS 17.30.124 Remittance to claimant.
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(a) Upon a showing that a claimant is entitled to remittance under AS 17.30.110 — 17.30.126, the court shall order that (1) if the claimant is entitled to the item, it shall be delivered to the claimant immediately; (2) if the claimant is entitled to remittance of some value less…
AS 17.30.126 Forfeiture of controlled substances.
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(a) A controlled substance manufactured, possessed, transferred, sold, or offered for sale in violation of this chapter or AS 11.71 is contraband and must be seized and summarily forfeited to the state. The commissioner of public safety or the commissioner's designee, including a…
AS 17.30.130 Judicial review. [Repealed, § 22 ch 146 SLA 1986.]
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Article 3. Education and Research.
AS 17.30.140 Education and research.
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Article 4. Information. (a) The commissioner of health shall provide for educational programs designed to prevent and deter the abuse of controlled substances. In connection with these programs, the commissioner may (1) assist the regulated industry and interested groups and orga…
AS 17.30.150 Reliance on Drug Enforcement Administration.
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Results, information, and evidence received from the Drug Enforcement Administration of the United States Department of Justice relating to the enforcement functions of this chapter, including results of inspections conducted by it, may be relied on and acted on by the Department…
AS 17.30.155 Confidentiality of certain information.
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Article 5. Controlled Substance Prescription Database. A practitioner engaged in medical practice or research may not disclose the name or identity of a patient or research subject that the practitioner is required to keep confidential unless ordered by a court to disclose it wit…
AS 17.30.200 Controlled substance prescription database.
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Article 6. General Provisions. (a) The controlled substance prescription database is established in the Board of Pharmacy. The purpose of the database is to contain data as described in this section regarding every prescription for a schedule IA, IIA, IIIA, IVA, or VA controlled …
AS 17.30.900 Definitions.
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(a) Unless the context clearly requires otherwise, the definitions set out in AS 11.71.900 apply to this chapter. (b) [Repealed, § 22 ch 146 SLA 1986.]
AS 17.37.010 Registry of patients and listing of caregivers.
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(a) The department shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set out in this chapter. The registry must also contain the name of the primary caregiver and…
AS 17.37.020 Medical Use of Marijuana. [Repealed, § 8 ch 37 SLA 1999.]
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[Repealed or reserved.]
AS 17.37.030 Privileged medical use of marijuana.
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(a) A patient, primary caregiver, or alternate caregiver registered with the department under this chapter has an affirmative defense to a criminal prosecution related to marijuana to the extent provided in AS 11.71.090. (b) Except as otherwise provided by law, a person is not su…
AS 17.37.040 Restrictions on medical use of marijuana.
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(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…
AS 17.37.050 Medical use of marijuana by a minor. [Repealed, § 8 ch 37 SLA 1999.]
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[Repealed or reserved.]
AS 17.37.060 Addition of debilitating medical conditions.
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The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) governing the manner in which it may consider adding debilitating medical conditions to the list provided in AS 17.37.070. After the adoption of the regulations, the department shall also accept …
AS 17.37.070 Definitions.
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In this chapter, unless the context clearly requires otherwise, (1) “alternate caregiver” means a person who is listed as an alternate caregiver under AS 17.37.010; (2) “bona fide physician-patient relationship” means that the physician obtained a patient history, performed an in…
AS 17.37.080 Short title.
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AS 17.37.010 — 17.37.070 may be cited as the Medical Uses of Marijuana for Persons Suffering from Debilitating Medical Conditions Act.
AS 17.38.010 Purpose and findings.
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(a) In the interest of allowing law enforcement to focus on violent and property crimes, and to enhance individual freedom, the people of the state of Alaska find and declare that the use of marijuana should be legal for persons 21 years of age or older. (b) In the interest of th…
AS 17.38.020 Personal use of marijuana.
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Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following acts, by persons 21 years of age or older, are lawful and are not criminal or civil offenses under state law or the law of any political subdivision of the state or a basis for…
AS 17.38.030 Restrictions on personal cultivation, penalty.
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(a) The personal cultivation of marijuana described in AS 17.38.020(2) is subject to the following terms: (1) marijuana plants shall be cultivated in a location where the plants are not subject to public view without the use of binoculars, aircraft, or other optical aids; (2) a p…
AS 17.38.040 Public consumption banned, penalty.
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It is unlawful to consume marijuana in public. A person who violates this section is guilty of a violation punishable by a fine of up to $100.
AS 17.38.050 False identification, penalty.
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(a) A person who is under 21 years of age may not present or offer to a marijuana establishment or the marijuana establishment's agent or employee any written or oral evidence of age that is false, fraudulent, or not actually the person's own, for the purpose of (1) purchasing, a…
AS 17.38.060 Marijuana accessories authorized.
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Notwithstanding any other provision of law, it is lawful and is not an offense under state law or the law of any political subdivision of the state or a basis for seizure or forfeiture of assets under state law for persons 21 years of age or older to manufacture, possess, or purc…
AS 17.38.070 Lawful operation of marijuana-related facilities.
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(a) Notwithstanding any other provision of law, the following acts, when performed by a retail marijuana store with a current, valid registration, or a person 21 years of age or older who is acting in the person's capacity as an owner, employee, or agent of a retail marijuana sto…
AS 17.38.080 Marijuana Control Board; appointment and qualifications.
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(a) The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only. (b) The b…
AS 17.38.091 Terms of office; chair.
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(a) Members of the board serve staggered three-year terms. (b) Except as provided in AS 39.05.080(4), a member of the board serves until a successor is appointed. (c) A vacancy occurring in the membership of the board shall be filled within 30 days by appointment of the governor …
AS 17.38.101 Per diem and expenses.
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Members of the board do not receive a salary but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180.
AS 17.38.111 Meetings.
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(a) The board shall meet at the call of the chair. The board shall also meet at least once each year in each judicial district of the state to study this chapter and existing board regulations in light of statewide and local issues. Unless impracticable, the board shall hold its …
AS 17.38.121 Powers and duties of the board.
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(a) The board shall control the cultivation, manufacture, and sale of marijuana in the state. The board is vested with the powers and duties necessary to enforce this chapter. (b) The board shall (1) propose and adopt regulations; (2) establish by regulation the qualifications fo…
AS 17.38.131 Enforcement powers.
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The director and the persons employed for the administration and enforcement of this chapter may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board …
AS 17.38.140 Appointment and removal of director; staff.
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(a) The director of the Alcoholic Beverage Control Board appointed under AS 04.06.070 shall serve as the director of the board. The board may remove the director by a majority vote of the full membership of the board and a majority vote of the full membership of the Alcoholic Bev…
AS 17.38.150 Duties of director.
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The director shall enforce this chapter and regulations adopted by the board. The director shall issue, renew, transfer, suspend, or revoke all licenses and permits and issue product approvals at the direction of the board. The board may delegate to the director the authority to …
AS 17.38.190 Rulemaking.
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(a) The board shall adopt regulations necessary for implementation of this chapter. Regulations under this subsection may not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. The regu…
AS 17.38.200 Marijuana establishment registrations.
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(a) Each application or renewal application for a registration to operate a marijuana establishment shall be submitted to the board. A renewal application may be submitted up to 90 days before the expiration of the marijuana establishment's registration. When filing an applicatio…
AS 17.38.210 Local control.
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(a) A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or by a voter initiative. An established village may p…
AS 17.38.220 Employers, driving, minors, and control of property.
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(a) Nothing in this chapter is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use o…
AS 17.38.230 Impact on medical marijuana law.
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Nothing in this chapter shall be construed to limit any privileges or rights of a medical marijuana patient or medical marijuana caregiver under AS 17.37.
AS 17.38.300 Local option election by an established village.
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(a) If a majority of the voters voting on the question vote to approve the option, an established village shall exercise a local option to prohibit the operation of one or more of the following types of marijuana establishments: (1) marijuana cultivation facilities; (2) marijuana…
AS 17.38.310 Removal of local option.
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(a) If a majority of the voters voting on the question vote to remove the option, an established village shall remove a local option previously adopted under AS 17.38.300. The option is repealed effective the first day of the month following certification of the results of the el…
AS 17.38.320 Effect on registrations of prohibition of marijuana establishments.
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If a majority of voters vote to prohibit the operation of marijuana establishments under AS 17.38.300, the board may not issue, renew, or transfer, between persons or locations, a registration for a marijuana establishment located within the perimeter of the established village. …
AS 17.38.330 Prohibition of sale and manufacture after election.
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(a) If a majority of the voters vote to prohibit the operation of marijuana establishments under AS 17.38.300, a person may not knowingly sell or manufacture marijuana in the established village. (b) If there are registered establishments within the established village, the prohi…
AS 17.38.340 Procedure for local option elections.
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(a) An election to adopt a local option under AS 17.38.300 or remove a local option under AS 17.38.310 shall be conducted as required in this section. (b) Upon receipt of a petition of 35 percent or more of the registered voters residing within an established village, the lieuten…
AS 17.38.350 Establishment of perimeter of established village.
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(a) Except as provided under (b) and (c) of this section, for purposes of AS 17.38.300 - 17.38.320, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the established village. If…
AS 17.38.360 Notice of the results of a local option election.
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If a majority of the voters vote to adopt or remove a local option under AS 17.38.300 or 17.38.310, the lieutenant governor shall notify the board of the results of the election immediately after the results are certified. The board shall immediately notify the Department of Law …
AS 17.38.370 Bail forfeiture for certain offenses.
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The supreme court shall establish by rule or order a schedule of bail amounts that may be forfeited without court appearance for a violation of AS 17.38.030 - 17.38.050.
AS 17.38.900 Definitions.
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As used in this chapter, unless the context otherwise requires, (1) “board” means the Marijuana Control Board established by AS 17.38.080; (2) “consumer” means a person 21 years of age or older who purchases marijuana or marijuana products for personal use by persons 21 years of …