Delta-8 THC in Alaska - Is It Legal?

When you think of Alaska, you think of cold and snow, polar bears, the wilderness, and nature in general. But what about cannabis and Delta-8? Cannabis regulations in Alaska are unclear; marijuana is authorized for both medical and recreational use. CBD is regulated, yet Delta-8 is illegal. Alaska state law places restrictions and makes Delta-8 THC unlawful. As a controlled substance, Delta-8 is prohibited in Alaska from being used, owned, sold, distributed, procured, manufactured, or promoted. In addition to Delta 10, HHC, and THC-O, Alaska prohibits the sale of additional THC isomers. Alaska still prohibits the sale, manufacture, or distribution of all products derived from hemp; these products are all subject to state licensing. Let’s take a closer look at the legality of Delta-8 THC in Alaska.   Related article: What is Delta 8 THC?

Is Delta-8 THC Legal in Alaska?

Yes, Delta-8 THC is legal In Alaska. Delta-8, made from hemp is illegal. Because it is a Schedule IIIA controlled substance, according to the state (web archive), it is illegal to buy, sell, advertise, or make Delta-8 items. Possessing Delta-8 may be a Class C felony or a misdemeanor, depending on the amount and intent.

Alaska's Legislative History Regarding Delta-8

Delta-8 has never been acknowledged as being legal in Alaska. No legislation, including CBD, CBG, or CBC, has explicitly authorized Delta-8 or any other hemp-derived substance. Every current piece of legislation either contains guidelines for the production, distribution, and marketing of hemp products or establishes a hemp pilot program. In April 2018, Senate Bill 6 was approved by the Alaskan governor at the time, Bill Walker. Alaska's first industrial hemp pilot program was established by legislation, allowing the Department of Natural Resources Division of Agriculture (DoAg) to conduct research on hemp cultivation and distribution. On April 4, 2020, the Department of Agriculture unveiled the Alaska Industrial Hemp Pilot Program. This hemp pilot program was carried out in compliance with Senate Bill 6's clauses and Section 7606 of the 2014 Agriculture Bill. Also, it provided a legitimate means for Alaskan companies to cultivate hemp and market goods manufactured from it. A long-term hemp pilot program, compliant with the 2018 Farm Bill, was established after Senate Bill 27 was authorized and signed into law by Mike Dunleavy, the state's current governor. Additionally, it establishes a stringent legal framework for the marketing, sales, and production of hemp, hemp compounds, and hemp-derived goods.

Can You Buy Delta-8 in Alaska?

No, you are not allowed to buy Delta 8 products in Alaska. Delta-8 THC is strictly controlled and forbidden in Alaska. Online or in-person retail sales of products containing Delta-8 are prohibited in the state. Likewise, no D8 in any form may be offered for sale, distributed, advertised, or created by cannabis businesses. Beware of buying Delta-8 items from illegal physical businesses or online. It's a violation of state law to sell these D8 products, like Delta 8 flower, Delta 8 gummies, and Delta 8 concentrates. Utilizing or owning items made of Delta-8 can carry severe penalties, including jail time, depending on the quantity and intent.

Can You Take Delta-8 To Alaska?

No, it is not legal to bring Delta-8 THC into Alaska; it is an illegal state. Products with Delta-8 THC are prohibited, and that goes for Delta 8 tincture, Delta 8 distillate, and Delta 8 shatter. In Alaska, marijuana and items made from cannabis cannot be transported across state lines. Marijuana is classified as a controlled substance and is prohibited in all forms under federal law because it is listed on Schedule I of the Controlled Substances Act. Moving marijuana across state lines is prohibited because federal law controls and owns state borders, and doing so could be construed as drug trafficking. Don’t even think that you can sneak a Delta 8 prerolls or Delta 8 capsules in your bags, you will get caught by TSA and the penalty is major. We strongly advise against traveling with Delta-8 THC or any other cannabis-related products. 

Is Marijuana Legal in Alaska?

Yes, absolutely. In accordance with state law, marijuana is now acceptable for both medical and recreational use in Alaska. The Alaska Marijuana Initiative (Measure 8), a ballot initiative that supported and made it legal to use and possess medical cannabis, was approved by Alaskans in 1998. Later that year, Alaskans approved Measure 2, making it legal to use, possess, buy, distribute, and grow marijuana for recreational purposes. 

Alaska's Medical Marijuana Laws

Cannabis for medical purposes became legal in Alaska in 1998. With 59% of the vote, Alaskans approved Proposition 8, also known as the Alaska Medical Marijuana Initiative. Under this effort, qualified patients who acquire a doctor's approval are permitted to use and possess cannabis for therapeutic purposes. Additionally, a registration and ID card system was put into place. This will cover a variety of conditions and illnesses. Proposition 8 did not, however, establish a framework for the operation of medical cannabis dispensaries in the state, nor did it permit the use or possession of marijuana for medical purposes outside of a patient's home. As a result, patients with a doctor's recommendation were unable to legally purchase medicinal marijuana and frequently had to buy it on the black market or local drug dealers.

Marijuana Laws For Recreational Use In Alaska

As a result of Ballot Measure 2 (Alaska Marijuana Legalization), which received a majority of the vote in 2014, recreational marijuana use is now permitted in Alaska. Adults over 21 may now use, possess, purchase, sell, and distribute recreational cannabis thanks to Proposition 2. The law became effective in February 2015, making recreational marijuana use legal in Alaska. On October 29, 2016, the first legal marijuana dispensary in Alaska opened its doors, two years after Ballot Measure 2 was approved. Transporting more than 5.6 grams of THC or less than 1 oz of flower outside of your home is prohibited. A misdemeanor carrying more than 1 oz (23.35 grams) but less than 4 oz is punishable by up to a year in jail and a $10,000 fine. The cultivation of up to 12 cannabis plants for personal use is allowed in Alaska, but not for resale, distribution, or trafficking. Six or fewer of the 12 plants must not be in flower out of the total. Your plants cannot be visible to the public, so you must have them in a secure area like a backyard. You can't grow them in your front yard for all your neighbors to see. Cannabis used for recreational purposes in Alaska (MCB) is regulated by the Alcohol and Marijuana Control Office (AMCO) and Marijuana Control Board.

Is CBD Legal in Alaska?

Yes, CBD is legal, but Alaska does not allow the sale or distribution of unlicensed hemp CBD products, despite the rise in hemp-derived CBD products available online and in unlicensed physical retail locations. Any physical or online business that sells CBD products made from unauthorized hemp may be breaking state law. In December 2018, the Alaska user Protection Unit issued a warning to all users, informing them that the sale of products derived from hemp is prohibited in Alaska. The summary of the press release reads below. “The user Protection Unit of the Department of Law is alerting the public about the marketing of several goods made from industrial hemp that are not yet permitted for sale in Alaska. Although frequently accessible, products containing cannabidiol (CBD) oil and extracts are not yet regulated or subject to testing in Alaska. Because they are not traceable, the origin of a lot of these products is unknown. Industrial hemp is a source of the derivative CBD. CBD oil produced from marijuana may exceed the legal limit of 0.3% tetrahydrocannabinol (THC) threshold expected in products derived from industrial hemp. In 2017, the Alaska Alcohol and Marijuana Control Office (AMCO) carried out several marijuana retail raids and seized all imported CBD products made from hemp from other states and countries. Hemp-related products will be regulated by the Alaska Department of Natural Resources under draft laws released in 2019. Businesses that produce hemp and make or sell items derived from it must apply for a license. All licenses must be renewed annually. The cost of licensing is substantial. The application fee is a hefty $100 all by itself. For goods made for human or animal usage, a processor must register for $650. For registration, retailers will need $300.

Upcoming Legislation in Alaska

There isn't presently any legislation in Alaska that would alter or amend the legality of Delta-8. Maintaining an up-to-date knowledge of Alaskan law is strongly recommended. If you think strongly about Delta-8 THC and its legality, you should contact your local representatives and share your thoughts. Some of the best ways to do this are through social media and petitions.

Conclusion

In Alaska, confusion rules supreme. On the one hand, cannabis use for medical and recreational purposes is completely allowed in the state. Delta-8, on the other hand, is prohibited, while all other substances derived from cannabis are controlled. Unlike Delta 8 THC in New Mexico, however, Alaska has adopted measures against this new cannabinoid.    Delta-8 is one of many cannabis chemicals that are subject to inconsistent legal regulations. The majority of US states are unsure of what to do with them. While some states categorically forbid Delta-8 while permitting a free CBD market, other states forbid recreational cannabis but permit Delta-8. For the time being, we advise avoiding Alaska's Delta-8. Avoid attempting to purchase Delta-8 from unlicensed physical businesses or online.