Who's been hiding AS 17.35.010-500?

> The following amendment was added
to a "get-tough-on-drugs" bill >passed by the Alaska legislature in 1982-3.
This section was sunsetted out of >existence by the late 80's. No
research was ever conducted and no new legislation >was proposed after
marijuana was recriminalized in the 1990 vote. >(Statewide ballot
initiative, proposition 2.) Since the Federal government developed the
so-called 'pot pill' with the express purpose of defusing Alaska and the
other 35 States that passed bills like this from doing any meaningful
research.... it may now be time to pass another bill similar to this one.

UPDATE: ON 11/3/98, THE VOTERS OF ALASKA PASSED A MEDICAL-USE HEMP INITIATIVE. - LJK



Chapter 35. Marijuana Therapeutic Research Program

Section
10. Legislative purpose
20. Marijuana therapeutic research program
30. Patient qualification review committee
40. Sources, distribution and possession of marijuana
50. Report to the governor and legislature
500. Definitions

Cross references.---For declaration for legislative purpose, see Title 1,
ch. 45, SLA 1982 Temporary and Special Acts and Resolves.


Sec. 17.35.010. Legislative purpose. The legislature finds that
recent research has shown that the use of marijuana may alleviate the
nausea and ill effects of cancer chemotherapy and radiology, and,
additionally\ may alleviate the ill effects of glaucoma. The legislature
further finds that there is a need for further research and experimentation
regarding the use of marijuana under strictly controlled circumstances.
(Title 5 ch 45 SLA 1982)

Sec. 17.35.020. Marijuana therapeutic research program. (a)
therapeutic research program is established in the Board of Pharmacy. The
program shall be administered by the board. The board shall adopt
regulations necessary for the proper administration of this chapter.
Before adopting regulations, the board shall consider pertinent regulations
adopted by the Drug Enforcement Administration of the United States
Department of Justice, the federal Food and Drug Administration, and the
National Institute on Drug Abuse.

(b) Except as provided in AS 17.35.030 (e), the therapeutic
research program is limited to cancer chemotherapy and radiology patients
and glaucoma patients, who are certified to the Patient Qualification
Review Committee by a practitioner. A Patient may not be admitted to the
therapeutic research program without full disclosure by the practitioner of
the experimental nature of this program and of the possible risks and side
effects of the proposed treatment.

(c) The board shall provide by regulation for a program of
registration of therapeutic research projects. (Title 5 ch 45 SLA
1982)
Sec. 17.35.030. Patient qualification review committee. (a) The
board shall appoint a Patient Qualification Review Committee to serve at
its pleasure. The committee shall consist of four members with the
following qualifications:
(1) two physicians licensed to practice medicine in the state, one
of whom specializes in the practice of ophthalmology;
(2) a physician licensed to practice medicine in the state who
specializes in the practice of psychiatry; and
(3) a physician licensed to practice medicine in the state who
specializes in the practice of radiology.
(b) Members of the Patient Qualification Review Committee receive
no salary but are entitled to per diem for travel and expenses authorized
by law for boards and commissions.
(c) The Patient Qualification Review Committee shall review all
applicants for the therapeutic research program and their licensed
practitioners and certify their participation in the program.
(d) The Patient Qualification Review Committee and the board shall
protect the privacy of individuals who participate in the therapeutic
research program by withholding the names and other identifying
characteristics of those individuals from all persons who are not connected
with the research. Persons authorized to engage in research under the
therapeutic research program may not be compelled in any civil, criminal,
administrative, legislative, or other proceeding to identify the
individuals who are the subjects of research for which the authorization
was granted unless necessary to permit the board to determine whether the
research is being conducted in accordance with the authorization.
(e) The Patient Qualification Review Committee may include other
disease groups for participation in the therapeutic research program.
However, a practitioner must present pertinent medical data to both the
committee and the board before a disease group may be added. The
participation of a disease group must be approved by the board consistent
with applicable regulations adopted by the Drug Enforcement Administration
of the United States Department of Justice, the federal Food and Drug
Administration, and the National Institute on Drug Abuse. (Title 5 ch 45
SLA 1982)

Sec. 17.35.040. Sources, distribution and possession of
marijuana. (a) A patient who is certified to participate in the
therapeutic research program by the Patient Qualification Review Committee
may obtain and possess marijuana, its derivatives, or its active
ingredients, whether synthetic or natural, for the patient's own use.
(b) The board shall establish procedures by which a person
authorized under this section to possess marijuana, its derivatives or
active ingredients, whether synthetic or natural, may do so, subject to
applicable regulations adopted by the Drug Enforcement Administration of
the United States Department of Justice, the United States Food and Drug
Administration, and the National Institute on Drug Abuse. (Title 5 ch
45 SLA 1982)

Sec. 17.35.050. Report to the governor and legislature. The
board, in conjunction with the Patient Qualification Review Committee,
shall report its findings and recommendations to the governor and the
legislature regarding the effectiveness of the therapeutic research program
by March 1, 1984. (Title 5 ch 45 SLA 1982)


Sec. 17.35.500 Definitions. In this chapter
(1) "board" means the Board of Pharmacy;
(2) "marijuana" has the meaning set out in AS 11.71.900 (14);
(3) "practitioner" means a physician authorized to practice
medicine in the state under AS 08.64. (Title 5 ch 45 SLA 1982)

Revisor's notes.---Enacted as AS 17.35.060. Renumbered in 1982.


>>>In the state by state tally of medical marijuana, Alaska is usually
ignored. All these state medical marijuana laws relied too much on the
"good faith" of federal agencies.

>>>>I talked with the state pharmacy licensing board chairman several years
ago. He claimed this act was sunsetted out after synthetic THC "marinol"
became available in 1986. What about the non-psychoactive therapeutic
substances, CBD, etc. I asked? Huh? he replied. (Didn't have a clue)



>>I have an extensive medical bibligraphy concerning Cannabis sativa. If
you want any of these studies just ask. I find the therapeutic uses of the
nonpsychoactive cannabidiol, CBD, to be most interesting. Even though no
one can get "high" from it the government does everything in its power to
suppress its use and research! The Federal government is dys-functional at
best, tyrannical at worst. They've Repealed the 10th Amendment in
California and Arizona!!!


"If People allow government to decide what medicines they take and foods
they eat, the they're no better off than the souls that live under
tyranny."

Thomas Jefferson

"Those who forget their history are doomed to repeat it."
George Santayana

How many of Alaska's 60 state legislators were even aware of this Statute?


EES


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