State of Alaska – Marijuana Laws
Summary of Penalties
Medical Marijuana State: It is an affirmative defense to possession, manufacture or delivery that the offender is a patient or caregiver who is registered with the state for medical use of marijuana.
Possession: Possession of one ounce or less of marijuana in the privacy of the home is legal. The status of possessing an amount between one ounce and four ounces is unclear, pending clarification by the courts. Possession of 4 ounces or more of marijuana is a felony punishable by up to five years in prison and a fine of up to $50,000.
Possession of less than 25 plants is protected under the Alaska Constitution’s right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is “Misconduct involving a controlled substance in the fourth degree” and is punishable by a fine of up to $50,000 or five years in prison. Any possession within 500 feet of school grounds or a recreation center or possession on any school bus is a felony punishable by up to five years in prison and a fine of up to $50,000.
Sale: Sale, delivery or manufacture of marijuana of less than one ounce is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000. For amounts of one ounce or greater, the crime is a felony which can be punished with a sentence of up to five years in prison and a fine of up to $50,000.
2015 Update On Permissive Marijuana States
Removed statewide criminal sanctions against the use, possession and cultivation of marijuana by registered patients who can show valid written documentation from their physician saying that they “might benefit from the medical use of marijuana.”
Permits qualified patients with a physician’s certified statement that the patient has been diagnosed with a “debilitating condition” and that they would likely receive “benefit from marijuana” to obtain marijuana from a registered nonprofit marijuana dispensary.
Eliminated criminal penalties regarding the use, possession and cultivation of marijuana by patients who possess a “written or oral recommendation” from their physician that she “would benefit from medical marijuana.”
Removes criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician affirming that he or she suffers from a debilitating condition and advising that they “might benefit from the medical use of marijuana.”
“A qualifying patient shall register with the Department of Consumer Protection… prior to engaging in the palliative use of marijuana. A qualifying patient who has a valid registration certificate… shall not be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege.”
DC – District of Columbia
Allows patients to purchase up to two (2) ounces of dried medical marijuana per month or the equivalent of two ounces of dried medical marijuana when sold in any other form.”
The law does not allow patients or caregivers to grow marijuana at home, but it does allow for the state-regulated, non-profit distribution of medical marijuana by compassion centers that have been approved and registered by the state.
Eliminates criminal penalties relative to the use, possession and cultivation of marijuana by patients who possess a valid and executed statement from their physician stating that the patient suffers from a “debilitating condition” and that the “potential benefits of medical use of marijuana would likely outweigh the health risks.”
Established a pilot program in the state, which establishes a patient registry program and protects registered patients and registered caregivers from “arrest, prosecution, or denial of any right or privilege,” and allows for the registration of cultivation centers and dispensing organizations.
Eliminates criminal penalties relative to the use, possession and cultivation of marijuana by patients who possess a physicians “professional opinion” that the patient “might benefit from the medical use of marijuana.”
Allows a patient to possess up to 30-day supply of marijuana. Beginning June 1, 2016, the state will issue the number of dispensary seller licenses relative to the demand for medical marijuana by qualifying patients and caregivers.
Persons may possess “no more marijuana than is necessary for the patient’s personal, medical use, not exceeding the amount necessary for a sixty-day supply…”
Qualified persons may possess up to two and one-half (2.5) ounces of usable marijuana and twelve marijuana plants kept in an enclosed, locked facility.
Plans to register two major Minnesota manufacturers/growers for the production of all medical cannabis within the state. Manufacturers/growers are required to ensure that the medical cannabis sold contains a maximum of a “30-day supply” of the dosage determined for that patient by the medical provider.
Qualified patients and their caregivers may each possess six marijuana plants and one ounce of usable marijuana. “Usable marijuana” means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana.
Eliminates criminal penalties on the use, possession and cultivation of marijuana by patients who have “written documentation” from their physician that marijuana “may” alleviate his or her medial condition.
“A qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient’s designated caregiver during a 10-day period.”
Allows “patients who use marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians, primary caregivers, and those who are permitted to produce medical marijuana for medicinal purposes” and protects said patients from “arrest, prosecution, property forfeiture, and criminal and other penalties.”
Removes state-level criminal penalties on the use and possession of marijuana by patients “in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments.” The New Mexico Department of Health designated to administer the program and register patients, caregivers, and providers.
New York medical marijuana laws are complex. New York recently announced plans to permit limited use of medical marijuana in 20 hospitals, which will be able to prescribe marijuana to people with cancer, glaucoma or other diseases itemized on the states list of debilitating conditions.
Removes criminal penalties relative to the use, possession and cultivation of marijuana by patients who possess a executed recommendation from their physician stating that marijuana “may mitigate” the patients debilitating symptoms.
Permits qualified patients to possess and grow to up to 12 marijuana plants or 2.5 ounces of cultivated marijuana. Primary caregivers may not lawfully possess in excess of 24 marijuana plants and five ounces of usable marijuana.
Primary caregivers may not possess an amount of marijuana in excess of 24 marijuana plants and five ounces of usable marijuana for qualified and which is consistent with the Department’s registration process.
Eliminated criminal penalties on the use, possession and cultivation of marijuana by patients who possess “valid documentation” from their physician stating that the patient suffers from a debilitating condition and that the “potential benefits of the medical use of marijuana would likely outweigh the health risks.”
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