Alaska Statutes
Alaska Stat. § 11.71.090 (2026)
Affirmative defense to a prosecution under
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 11.71.090. Affirmative defense to a prosecution under AS 11.71.030 — 11.71.060; medical use of marijuana.
Article 2. Standards and Schedules.
(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.
(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.
Notes of Decisions
Cited in 7
cases, 2001–2007 · leading case: Gonzales v. Raich, 545 U.S. 1 (2005).
Gonzales v. Raich, 545 U.S. 1 (2005). “[1] See Alaska Stat. §§ 11.71.090 , 17.37.010-17.”
United States v. Oakland Cannabis Buyers' Coop., 532 U.S. 483 (2001). “See Alaska Stat. Ann. §§ 11.71.090 ,17.37.010 to 17.”
Raich v. Gonzales, 500 F.3d 850 (9th Cir. 2007). “§ 475.319; R.I. Gen. Laws § 21-28.6-4; Vt.”
Morse v. Frederick, 551 U.S. 393 (2007). “882 (codified at Alaska Stat. §§ 11.71.090 , 17.37.010-17.”
Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). “Rather, Judge Kauvar ruled, Noy could only assert the affirmative defense for the medical use of marijuana codified in AS 11.71.090. Judge Kauvar’s ruling was based on the wording of AS 11.”
Conant v. Walters, 309 F.3d 629 (9th Cir. 2002). “No doubt based on this and similar evidence, seven states (Alaska, Arizona, Colorado, Maine, Nevada, Oregon and Washington) have followed California in enacting medical marijuana laws by voter initiative, see Alaska Stat. Ann. §§ 11.71.090 , 17.37.010-.”
Raich v. Gonzales (9th Cir. 2007). “See Alaska Stat. § 11.71.090 ; Colo. Rev. Stat.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.