Is CBD Legal in Alaska?

by Kat Austin December 03, 2020 7 min read

Is CBD Legal in Alaska? - VO Inc

CBD is increasingly popular among consumers seeking relief from various ailments, including anxiety and sleep issues.

So, is CBD legal in Alaska? Yes, CBD is legal in Alaska, as the state allows cannabis for recreational use, which includes CBD products.

However, the legal status of CBD oil can be complex, as state laws take precedence over federal regulations. In Alaska, you can buy CBD oil, including full-spectrum options, provided they comply with state hemp laws. Here’s a breakdown of Alaska CBD laws:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Alaska?
Is full spectrum CBD legal in Alaska?
Does Alaska have a CBD possession limit?
Can doctors prescribe CBD in Alaska?
Where to buy CBD in Alaska?
How old do you have to be to buy CBD in Alaska?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD 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. 

Key Takeaways

  • Alaska is developing its Hemp Pilot Program, but the growth, manufacture, and sale of industrial hemp products are currently prohibited until it is finalized.
  • It is legal to ship CBD through the mail, making buying CBD oil online the best option for obtaining CBD in Alaska.
  • The Alaska Department of Law Consumer Protection Unit advises caution regarding unregulated CBD oil, and while doctors may recommend CBD, a prescription is not required for purchasing it online.

Legal Concerns About CBD

A map with Alaska circled in red pen

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

A selection of CBD oil products, which may not be accessible in stores in Alaska.

What are the CBD laws in Alaska?

Currently, state regulations prohibit the manufacture and sale of CBD from industrial hemp within the state of Alaska.

In early 2018, Alaska passed Senate Bill 6 which legally enabled the state to move forward on its hemp pilot program. However, the official regulations for the pilot program have not been released yet, and the state declared that all “growth, production, cultivation, marketing, or sale of industrial hemp remains illegal” until the final regulations are in place.

The Alaska Department of Law Consumer Protection Unit also verified this statement, adding a warning about the risks associated with unregulated CBD oil products.

When the Pilot Program is finalized, it's expected to align with the laws in quality-conscious states like Colorado or Utah.

So far, the program proposes strict regulations, including potency testing for industrial hemp products and various labelling requirements. Under these regulations, industrial hemp-derived CBD products will be required to include all basic potency, serving size, and ingredient information on the label.

They’ll also be required to offer more detailed information, like the pilot program each product was created and approved under and a warning label for any products that contain even trace amounts of THC. These standards excel above many states that have no specific labelling requirements in place, like Alabama.

Still, these regulations are still pending review by Alaska legislators, which means CBD oil's legality still stands in a gray area.

Final Verdict: Is CBD oil illegal in Alaska?

At one point, the state's regulations effectively made it impossible to buy legal CBD oil in Alaska. Since CBD cannot be made in Alaska, buying local products isn't an option. Various postal services originally claimed that it was illegal to ship CBD through the mail, making it pretty difficult for Alaskan citizens to get CBD at all.

In 2019, the USPS updated regulations to allow shipment of legal CBD products, so long as the manufacturers meet certain quality and legal requirements.

Until the state furthers the development of their Hemp Pilot Program, this is the only legal way to get CBD in Alaska. The state has no specific laws against buying or using CBD, so buying online is the perfect option for CBD consumers in Alaska.

Is full spectrum CBD legal in Alaska?

Again, Alaska does not permit the manufacture or sale of CBD products within the state, which extends to full spectrum CBD products. Many people still wonder about the legality of possessing full spectrum CBD oil because it contains trace amounts of CBD. Thankfully, Alaska has no laws restricting the use of full spectrum CBD products that contain 0.3% THC or less.

Does Alaska have a CBD possession limit?

To date, there are no possession limits for CBD that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal in Alaska, but fall under a different set of regulations.

Can doctors prescribe CBD in Alaska?

You typically do not need a prescription for CBD products, and only one CBD-based pharmaceutical exists to date, GW Pharmaceuticals’ Epidiolex.

For over-the-counter CBD products, your doctor may give a recommendation. Even in states like Alaska where cannabis is legal, doctors are still learning about CBD and it may not be their first recommendation. If you're curious about the benefits of CBD for yourself, you may want to bring it up to your doctor.

Where to buy CBD in Alaska?

A CBD tincture, considered a consumable product according to Alaska CBD laws.

In Alaska, the manufacture and sale of CBD is prohibited. Still, some businesses are reportedly selling CBD as an additive in various foods and drinks. The legality here is sticky, especially since the FDA hasn’t even regulated the use of CBD in food products yet.

In general, you can’t buy legal CBD in Alaska, and won’t be able to until the state irons out the details of their Hemp Pilot Program.

Instead, you can buy CBD online and have it shipped to Alaska.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices and integrity. You can check the brand's hemp source and lab testing procedures to ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices. Extremely low prices can be a sign that the brand cuts corners, like by skipping proper quality tests.

Finally, buying CBD online also grants you access to many different types of CBD that you may not find in stores. Online, you'll find a variety of different CBD oils, topicals, edibles, and more that you can choose from.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

How old do you have to be to buy CBD in Alaska?

The legal age to buy CBD is generally determined by the seller, as there are no widespread regulations in place. Theoretically, CBD should be accessible to people of all ages, especially since it originally gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Alaska, there are no statewide regulations that determine the legal age for using CBD. Many online stores require you to be 18 to buy CBD. When CBD is recommended by a doctor for pediatric use, they may prescribe Epidiolexor suggest that the parent or guardian buy a high-quality over-the-counter product.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is illegal to manufacture and sell in Alaska, but there are no restrictions regarding personal use of legal CBD products.

Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

FAQ - Is CBD Legal in Alaska?

Are edibles legal in Alaska?

Yes, edibles containing CBD are legal in Alaska, provided they meet state regulations and contain less than 0.3% THC.

Can you travel across states with CBD?

Yes, you can travel across states with CBD as long as it complies with federal regulations and contains less than 0.3% THC. However, it's essential to check individual state laws, as some states may have stricter rules.

In which states is CBD still illegal?

While CBD is legal in most states, it remains illegal in states like Idaho and South Dakota, where cannabis regulations are more restrictive.

Is Delta 9 illegal in Alaska?

No, Delta 9 THC is legal in Alaska for recreational use, as the state has legalized cannabis.

Why is Delta-8 banned in Alaska?

Delta-8 is banned in Alaska due to concerns regarding its safety and lack of regulation, as well as its derivation from Delta-9 THC, which remains controlled under state laws.

Is it legal to fly with Delta 9 gummies?

Flying with Delta 9 gummies is not recommended, as they are still considered a controlled substance under federal law, despite being legal in some states like Alaska. Always check airline policies and local laws before traveling.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Laws of Alaska 2018 HCS CSSB 6” http://www.legis.state.ak.us/PDF/30/Bills/SB0006Z.PDF
  3. “FAQs Regarding Alaska’s Industrial Hemp Pilot Program” http://plants.alaska.gov/pdf/industrialhempFAQs.pdf
  4. “Consumer Protection Unit Warns Consumers About Unregulated CBD Oil” http://law.alaska.gov/press/consumer_alerts/2018/1118-CBDoil.html
  5. “Publication 52 Revision: New Mailability Policy for Cannabis and Hemp-Related Products” https://about.usps.com/postal-bulletin/2019/pb22521/html/updt_002.htm
  6. “FDA Approves First Drug Comprised of an Active Ingredient Derived from Marijuana to Treat Rare, Severe Forms of Epilepsy” https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-comprised-active-ingredient-derived-marijuana-treat-rare-severe-forms

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