February 15, 2021 5 min read

Like with all cannabis, hemp, and CBD products, the legality surrounding Delta-8-THC isn’t so clear, especially at the state level. Even in places where recreational cannabis is legal, people are looking for clarification on the up and coming cannabinoid. So, is Delta-8-THC legal in Alaska?

Unfortunately, Delta-8-THC may not be as accessible in Alaska as in other states, and possession of the cannabinoid could be a serious offense.

Here’s how Alaska Delta-8 laws break down:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Alaska Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Alaska?
Delta-8-THC Possession Limits in Alaska
Is Delta-9-THC Legal in Alaska?
Where to Buy Delta-8 in Alaska
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Alaska, however, classifies Delta-8 as a Schedule IIIA substance. Therefore, Delta-8 is considered illegal by Alaska state law.
  • Alaska laws prohibit the sale of Delta-8 within the state, so Delta-8-THC is not easily accessible.
  • In legal areas, many people buy Delta-8-THC products made from hemp online.

Alaska Delta 8 THC Laws

Like many other states, Alaska did update legislation after the 2018 Farm Bill was signed into law in order to legalize hemp production in the state. However, the state still has limitations on CBD products, and an even harsher prohibition on certain classes of tetrahydrocannabinols.

While high-THC cannabis can be legally purchased for medical and recreational use by those over the age of 21, other classes of tetrahydrocannabinols, and specifically their isomers, are considered Schedule IIA substances.

The penalty for possession of a Schedule IIIA substance can be either a misdemeanor or a Class C Felony depending on the amount possessed.

A few other states have harsh Delta-8 restrictions (like Arizona, Idaho, and Iowa), but Alaska’s are among the most surprising since the state has legalized recreational cannabis.

Here are some highlights from the relevant text:

HOUSE CS FOR CS FOR SENATE BILL NO. 6.

Relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of “marijuana”; providing that cannabidiol oil is not included in the definition of “hashish oil”; clarifying that adding industrial hemp to food does not create an adulterated food product; and providing for an effective date.

Sec. 5. AS 03.05.100 is amended by adding a new paragraph to read:

(5) “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9 tetrahydrocannabinol.

Sec. 7. AS 11.71.900 is amended to read:

(14) “marijuana” means the seeds, and leaves, buds, and flowers of the plant (genus) Cannabis, whether growing or not; it does not include the resin or oil extracted from any part of the plants, or any compound, manufacture, salt, derivative, mixture, or preparation from the resin or oil, including hashish, hashish oil, and natural or synthetic tetrahydrocannabinol; it does not include the stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the stalks, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination; it does not include industrial hemp as defined in AS 03.05.100;

ARTICLE 1. OFFENSES RELATING TO CONTROLLED SUBSTANCES. CHAPTER 71. CONTROLLED SUBSTANCES.

Sec. 11.71.160. Schedule IIIA.

(a) A substance shall be placed in schedule IIIA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public less than the substances listed in schedule IIA but higher than substances listed in schedule IVA.

(f) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of its salts, isomers, whether optical, position, or geometric, or salts of isomers whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation:

  1. tetrahydrocannabinols;

Two hemp plant, the federally legal source of Delta-8 products. Is Delta-8 a Controlled Substance in Alaska?

To further clarify, Alaska outlines tetrahydrocannabinols and all salts, isomers, and other preparations of tetrahydrocannabinols as Schedule IIIA Controlled Substances. The text excludes any preparations that are specifically excluded by other legislation held by the state.

Unfortunately, hemp applications, especially those concerning CBD, are still incredibly restricted in the state. Since the state legislation fails to specifically legalize Delta-8 or the means by which it is produced, Delta-8-THC is illegal and possession is punishable by law.

Delta 8 THC Possession Limits in Alaska

Because Delta-8 is illegal in Alaska, there are no defined possession limits for the cannabinoid.

Is Cannabis (Delta 9 THC) Legal in Alaska?

Alaska passed Measure 2 in 2014 and officially became the third U.S. state to legalize recreational cannabis. Both recreational and medicinal cannabis are available in state-licensed dispensaries and are subject to specific rules and possession limits.

Because of the state’s open-minded minded approach to cannabis, it’s safe to assume that legislation will eventually be updated to legalize hemp (and hopefully Delta-8), but the state has given no indication of when they intend to revisit the issue.

Where to Buy Delta 8 in Alaska?

Delta-8 vapes, the most common form of Delta-8 found in areas where it is legal.

Delta-8-THC is illegal in Alaska and cannot be legally purchased in the state. Some people have reported that Delta-8 can infrequently be found in state-licensed dispensaries, but the legality of these products is unclear.

In places where Delta-8-THC is legal, many people prefer to shop online. It's advisable to proceed with caution when choosing a Delta-8 distributor. Shopping online allows you to buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is illegal in Alaska according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “Possession of a Controlled Substance in Alaska” https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/possession-controlled-substance-alaska
  5. “HCS CSSB 6” http://www.akleg.gov/PDF/30/Bills/SB0006Z.PDF
  6. “Article 1. Offenses Relating to Controlled Substances” http://www.legis.state.ak.us/basis/statutes.asp?media=print&secStart=11.71&secEnd=11.71.900
  7. “Sec. 11.71.120. Authority to schedule controlled substances.” http://www.legis.state.ak.us/basis/statutes.asp#11.71.120
  8. “Alaska Marijuana Legalization, Ballot Measure 2 (2014)” https://ballotpedia.org/Alaska_Marijuana_Legalization,_Ballot_Measure_2_(2014)

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