For purposes of calculating the aggregate weight of a live marijuana plant, the aggregate weight shall be one-sixth of the measured weight of the marijuana plant after the roots of the marijuana plant have been removed.
Sec. 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 AS 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
(1) at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display, the patient was registered under AS 17.37;
(2) the manufacture, delivery, possession, possession with intent to manufacture, deliver, use, or display complied with the requirements of AS 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 AS 17.37.070 ;
(2) "patient" has the meaning given in AS 17.37.070 ;
(3) "primary caregiver" has the meaning given in AS 17.37.070 .
Section: Previous 11.71.010 11.71.020 11.71.030 11.71.040 11.71.050 11.71.060 11.71.070 11.71.080Last modified: November 15, 2016