Alaska Statutes
Alaska Stat. § 47.37.270 (2026)
Definitions
✓ current as of July 2026
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Sec. 47.37.270. Definitions.
In this chapter,
(1) “alcoholic or drug abuser” means a person who demonstrates increased tolerance to alcohol or drugs, who suffers from withdrawal when alcohol or drugs are not available, whose habitual lack of self-control concerning the use of alcohol or drugs causes significant hazard to the person's health, and who continues to use alcohol or drugs despite the adverse consequences;
(2) “commissioner” means the commissioner of health;
(3) “department” means the Department of Health;
(4) “drugs” means a drug that is included in the controlled substance schedules set out in AS 11.71.140 — 11.71.190;
(5) “emergency service patrol” means a patrol established under AS 47.37.230;
(6) “hazardous volatile material or substance”
(A) means a material or substance that is readily vaporizable at room temperature and whose vapors or gases, when inhaled,
(i) pose an immediate threat to the life or health of the person; or
(ii) are likely to have adverse delayed effects on the health of the person;
(B) includes, but is not limited to,
(i) gasoline;
(ii) materials and substances containing petroleum distillates; and
(iii) common household materials and substances whose containers bear a notice warning that inhalation of vapors or gases may cause physical harm;
(7) “incapacitated by alcohol or drugs” means a person who, as a result of alcohol or drugs, is unconscious or whose judgment is otherwise so impaired that the person (A) is incapable of realizing and making rational decisions with respect to the need for treatment and (B) is unable to take care of the person's basic safety or personal needs, including food, clothing, shelter, or medical care;
(8) “incompetent person” means a person who has been adjudged incompetent by the appropriate court;
(9) “inhalant abuse” means the misuse of a hazardous volatile material or substance by inhaling its vapors;
(10) “intoxicated person” means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs;
(11) “treatment” means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to alcoholics, intoxicated persons, or drug abusers, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling;
(12) “work therapy”
(A) means an activity that involves a patient in basic employment skills and assists the patient in reintegration into a community;
(B) does not include
(i) activities such as personal housekeeping chores or cooperative responsibilities expected of each patient in the program; or
(ii) work that produces goods or services for sale or distribution, the proceeds of which would be returned to the owners, operators, or businesses of the rehabilitation program.
Chapter 38. Alcohol and Substance Abuse Accountability.
Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released on Bail or on Probation.
In this chapter,
(1) “alcoholic or drug abuser” means a person who demonstrates increased tolerance to alcohol or drugs, who suffers from withdrawal when alcohol or drugs are not available, whose habitual lack of self-control concerning the use of alcohol or drugs causes significant hazard to the person's health, and who continues to use alcohol or drugs despite the adverse consequences;
(2) “commissioner” means the commissioner of health;
(3) “department” means the Department of Health;
(4) “drugs” means a drug that is included in the controlled substance schedules set out in AS 11.71.140 — 11.71.190;
(5) “emergency service patrol” means a patrol established under AS 47.37.230;
(6) “hazardous volatile material or substance”
(A) means a material or substance that is readily vaporizable at room temperature and whose vapors or gases, when inhaled,
(i) pose an immediate threat to the life or health of the person; or
(ii) are likely to have adverse delayed effects on the health of the person;
(B) includes, but is not limited to,
(i) gasoline;
(ii) materials and substances containing petroleum distillates; and
(iii) common household materials and substances whose containers bear a notice warning that inhalation of vapors or gases may cause physical harm;
(7) “incapacitated by alcohol or drugs” means a person who, as a result of alcohol or drugs, is unconscious or whose judgment is otherwise so impaired that the person (A) is incapable of realizing and making rational decisions with respect to the need for treatment and (B) is unable to take care of the person's basic safety or personal needs, including food, clothing, shelter, or medical care;
(8) “incompetent person” means a person who has been adjudged incompetent by the appropriate court;
(9) “inhalant abuse” means the misuse of a hazardous volatile material or substance by inhaling its vapors;
(10) “intoxicated person” means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs;
(11) “treatment” means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to alcoholics, intoxicated persons, or drug abusers, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling;
(12) “work therapy”
(A) means an activity that involves a patient in basic employment skills and assists the patient in reintegration into a community;
(B) does not include
(i) activities such as personal housekeeping chores or cooperative responsibilities expected of each patient in the program; or
(ii) work that produces goods or services for sale or distribution, the proceeds of which would be returned to the owners, operators, or businesses of the rehabilitation program.
Chapter 38. Alcohol and Substance Abuse Accountability.
Notes of Decisions
Cited in 4
cases, 1975–2008 · leading case: Matter of SD, Jr., 549 P.2d 1190 (Alaska 1976).
Matter of SD, Jr., 549 P.2d 1190 (Alaska 1976). “[6] AS 47.37.270(1). [7] In 1972 the Alaska Legislature adopted the Uniform Alcoholism and Intoxication Treatment Act.”
Peter v. State, 531 P.2d 1263 (Alaska 1975). “(AS 47.37.270(10) defines an intoxicated person as one whose mental or physical functioning is substantially impaired as a result of the use of alcohol.”
Est. of Logusak v. City of Togiak, 185 P.3d 103 (Alaska 2008). “270(11) provides that "incapacitated by alcohol" means "a person who, as a result of alcohol or drugs, is unconscious or whose judgment is otherwise so impaired that the person (A) is incapable of realizing and making rational decisions with respect to the need for treatment and…”
Huff v. State, 568 P.2d 1014 (Alaska 1977). “In 1972, the Alaska Legislature adopted the Uniform Alcoholism and Intoxication Treatment Act [AS 47.37.270(12)] where it is stated: It is the policy of the state that alcoholics and intoxicated persons should not be criminally prosecuted for their consumption of alcoholic…”
— Alaska Stat. § 47.37.270(1) — 1 case
Matter of SD, Jr., 549 P.2d 1190 (Alaska 1976). “[6] AS 47.37.270(1). [7] In 1972 the Alaska Legislature adopted the Uniform Alcoholism and Intoxication Treatment Act.”
— Alaska Stat. § 47.37.270(10) — 1 case
Peter v. State, 531 P.2d 1263 (Alaska 1975). “(AS 47.37.270(10) defines an intoxicated person as one whose mental or physical functioning is substantially impaired as a result of the use of alcohol.”
— Alaska Stat. § 47.37.270(11) — 1 case
Est. of Logusak v. City of Togiak, 185 P.3d 103 (Alaska 2008). “270(11) provides that "incapacitated by alcohol" means "a person who, as a result of alcohol or drugs, is unconscious or whose judgment is otherwise so impaired that the person (A) is incapable of realizing and making rational decisions with respect to the need for treatment and…”
— Alaska Stat. § 47.37.270(12) — 1 case
Huff v. State, 568 P.2d 1014 (Alaska 1977). “In 1972, the Alaska Legislature adopted the Uniform Alcoholism and Intoxication Treatment Act [AS 47.37.270(12)] where it is stated: It is the policy of the state that alcoholics and intoxicated persons should not be criminally prosecuted for their consumption of alcoholic…”
— Alaska Stat. § 47.37.270(8) — 1 case
Peter v. State, 531 P.2d 1263 (Alaska 1975). “(AS 47.37.270(10) defines an intoxicated person as one whose mental or physical functioning is substantially impaired as a result of the use of alcohol.”
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