2021 Update -
No new updates on hemp and CBD laws.
3 AAC 306 (REGULATIONS FOR THE MARIJUANA CONTROL BOARD) - defines who and where it is allowed to be licensed, and the conditions in which you can/cannot be licensed.
Original Post
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Alaska Hemp Laws and the legality of CBD in Alaska, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Alaska
2021 Update:
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Alaska?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Alaska hemp laws very tightly regulates hemp cultivation, hemp processing, stores selling CBD, and CBD products. Most CBD and hemp products will not be legal in Alaska because the state requires all products to go through an endorsement process.
Is It Legal to Ship PCR Hemp Oil to Alaska?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Alaska?
If you are looking to buy CBD in Alaska, you can only do so legally at a store that is registered with the state. Online sales are not legal because all CBD products must have an endorsement from the state and meet the strict guidelines of the Alaska hemp laws.
Do you need a special license to purchase PCR Hemp Oil in Alaska?
You don’t need a special license to purchase CBD hemp oil (all types) in Alaska, only to grow, test, or sell products.
How Does Alaska Legally Define Hemp?
“industrial hemp” means all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9-tetrahydrocannabinol.
Growing and Selling Hemp in Alaska
Alaska hemp growers and handlers must be registered and licensed with the state. They have a very detailed legal process to follow. Currently, no one is growing hemp in Alaska, so the state has cut the program's budget significantly. Alaska hemp laws are not going anywhere though since they also tightly regulate CBD retailers and CBD products.
Retail Hemp and CBD products must comply with Alaska hemp laws:
- Products and hemp crops must contain no more than 0.3% THC
- Products must be tested by a licensed laboratory
- Only approved strains can be grown
- Products must come from a registered farm and registered processor (can be out of state license)
- Stores must also be registered to sell CBD and all products must be approved and endorsed by the state
- THC remediation for 'hot hemp' up to 1% THC is allowed
- Only certain solvents can be used for processing
- Limit of 50mg THC per product unit
- DNR inspects retailers for compliance
In addition to Alaska state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. Alaska state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Alaska CBD Labeling Laws
Alaska hemp laws have specific requirements for CBD product labels. All CBD products need to contain the following information:
- Product name
- Batch/lot number (unique; cannot be reused; must correspond to a state endorsement)
- Expiration date
- Total quantity weight or volume
- Serving size or recommended dose
- List of all ingredients
- A statement that the product has not been approved by the Food and Drug Administration or the Alaska Department of Environmental Conservation.
- The industrial hemp pilot program from which the hemp originated
- The industrial hemp pilot program that authorized the processing or testing of the industrial hemp in the product
- If the product conducts any delta-9-THC, it must have the statement “warning: contains THC'
- No health or medical claims on the label or packaging
