Is CBD Oil Legal in Alaska?

What is CBD?

CBD is one of the major active constituents of the cannabis plant. Together with delta-9-tetrahydrocannabinol (THC), they are two of the most prominent chemical compounds naturally existing in the cannabis plant. However, unlike THC, CBD does not produce a mind-altering effect in users, as evidenced in a World Health Organization (WHO) report.

CBD is accessible in topicals and lotions, oils, crystals, waxes, e-liquids, and capsules. While all forms of cannabidiol offer a variety of therapeutic benefits, some are more helpful in treating certain medical issues than others. CBD may be used to treat anxiety, insomnia, chronic pain, and inflammation. CBD can also be used to treat neurological diseases, ease diabetic complications, alleviate Amyotrophic lateral Sclerosis (ALS) symptoms, and treat epilepsy syndromes and opioid addiction.

According to the 2018 Farm Bill, United States citizens may legally manufacture, acquire, and consume CBD products as long as certain conditions are fulfilled. To be federally considered legal, a CBD product must be hemp-derived and contain no more than 0.3 percent THC. CBD products produced from marijuana or hemp that contain more than 0.3 percent THC are illegal. Although the 2018 Farm Bill clarified the federal status of CBD, state CBD laws may vary as the Bill authorized states to enact their own CBD laws.

Is CBD Oil Legal in Alaska?

Yes. CBD oil is legal in Alaska, provided the THC content of the oil does not exceed 0.3%. Although CBD is obtained from cannabis, CBD oil product makers may derive CBD from either hemp or marijuana. CBD derived from hemp includes trace quantities of Tetrahydrocannabinol (THC). On the other hand, marijuana-derived CBD contains far more THC than its hemp-based counterpart, likely getting users high.

What are Alaska CBD Laws in 2022?

The Agricultural Act (Farm Bill) enacted in 2014 made provisions for qualified Alaska citizens to begin growing industrial hemp under a pilot program. However, it was not until the Alaska senate enacted SB 6 in April 2018 that the state could proceed with the development of the pilot Industrial Hemp Program (IHP).

SB 6 was enacted prior to the passage of the 2018 Farm Bill, but in accordance with the 2014 Farm Bill. SB 6 defines industrial hemp as any parts and cultivars of the Cannabis sativa L. plant that contain less than 0.3 percent delta-9-tetrahydrocannabinol. SB 6 defines cannabidiol (CBD) oil as a viscous liquid concentration of cannabidiol derived from the cannabis plant (genus) having less than 0.3 percent delta-9-tetrahydrocannabinol. SB 6 makes no mention of industrial hemp processing to create hemp-CBD products.

The 2018 Farm Bill expanded the use of hemp-related products. Alaska proposed rules on hemp and hemp-derived CBD products after the passage of the Farm Bill. While the state proposed the rules in May 2019, they have not yet been finalized and have not been accepted as law.

Per the proposed regulations, the Alaska Department of Natural Resources (DNR) would be responsible for regulating industrial hemp growing. Additionally, the DNR would supervise the manufacturing of industrial hemp products in Alaska. According to a state document, industrial hemp cultivation, production, marketing, or sale remain unlawful until final laws are enacted. Additionally, the Consumer Protection Unit of the Alaska Department of Law issued a statement stating that the selling of CBD products in Alaska is not approved.

The proposed regulations also require that industrial hemp products undergo potency tests to verify the cannabinoid concentrations. Industrial hemp manufacturers may not make any health, medicinal, or therapeutic claims on the labels of their products. The rules stipulate stringent labeling regulations for CBD products.

Governor Mike Dunleavy signed Senate Bill 27 into law in September 2021. SB27 created a permanent industrial hemp program. The law included subsections permitting the Commissioner of the Department of Natural Resources to include manufacturing and retail sales of industrial hemp products, as well as registration and renewal processes, in the industrial hemp program's rules.

Alaska's SB 27 amended the 2018 farm bill to include a requirement that an applicant under the industrial hemp program is ineligible if that individual has been convicted of a felony that involved a controlled substance within the last ten years. Also, the amendment authorized the Department of Natural Resources to establish an industrial hemp program that meets federal regulations and submit the program's plan to the United States Department of Agriculture (USDA) for approval.

In January 2022, the Alaska Division of Agriculture (DoAg) received approval for the state's Industrial Hemp Plan (IHP) from the USDA. The approval went into effect on January 1, 2022, meaning that the state's IHP remains compliant with federal law as mandated by the 2018 Farm Bill.

What are Alaska CBD Possession Limits?

Hemp cultivation, processing, and sale are all prohibited in Alaska. Although the law prohibits the selling of hemp-derived CBD, there is currently minimal enforcement. The penalties for persons found in possession of hemp-derived CBD products are not well established.

However, Alaska has established certain restrictions on the possession of cannabis (marijuana). You may purchase and possess up to one ounce of cannabis from a licensed retailer if you are 21 years or older. If you are found in possession of up to 4 ounces, you may face a misdemeanor charge and possible jail time in addition to a hefty fine. If you are caught with more than 4 ounces, you may face a felony charge, a maximum 5-year jail sentence, and a $50,000 fine.

Can Doctors Prescribe CBD Oil in Alaska?

Alaska permits doctors to recommend the use of CBD oil to residents in the state. Marijuana-derived CBD oil is accessible to registered medical marijuana patients of legal age (21 and above) with doctors' recommendations. Alaska permits certain medical conditions to be treated with marijuana-derived CBD oil, including:

• Multiple sclerosis
• Chronic or severe pain
• Cachexia, or wasting syndrome
• HIV/AIDS
• Cancer
• Seizures or epilepsy
• Glaucoma
• Persistent muscle spasms
• Severe nausea

What are the Licensing Requirements for CBD in Alaska?

Licensing information and requirements for hemp cultivation and production in Alaska are yet to be finalized. However, the draft rules for the state's hemp program stipulate that an individual may not produce hemp in the state unless a registration to participate in the Alaska Industrial Hemp Pilot Program has been completed. Under the pilot program, registrations are valid from the date of registration till January 1 of the following year and must be renewed annually. The following classes of registrations are proposed in the pilot program:

• Industrial hemp grower registration
• Industrial hemp processor registration
• Industrial hemp retailer registration

Per 11 AAC 40.020, an individual or business entity may hold a single registration or any combination of classes of registration. Pursuant to 11 AAC 40.030, a hemp registration may only be held by an individual aged 18 or above or a business entity that is in good standing.

According to 11 AAC 40.050, the following are required to apply for an industrial hemp license registration:

• The application must be completed on a form prescribed by the Division of Natural Resources.
• The application must include the full name of the applicant. For a business entity, the application must contain:
• The name of the partnership, association, corporation, or limited liability company
• The names of the entity's officers, partners, members, as applicable
• Proof of the entity's authorization and good standing with the State of Alaska
• The documentation validating the authority of the signatory to bind the entity
• The application must also include:
• The business name to be used by the applicant for industrial hemp operations along with any applicable business licenses granted under AS 43.70
• The physical address of the applicant
• The mailing address and the email address of the applicant
• The address, Global Position System (GPS) coordinates, and a map of the area to be used to produce industrial hemp

The Alaska Industrial Hemp Pilot Program proposed rules also require an application for registration under the program to be signed by:

• The applicant; or
• An authorized agent of a business entity, if the applicant is a business entity

Also, the signatory to an application for registration under the industrial hemp pilot program must attest under penalty of unsworn falsification that:

• The application is correct, true, and complete
• The signatory possess the right to bind the applicant; and
• The applicant has read and is aware of the provisions of AS 03.05.100,AS 03.05.076, and AS 03.05.010 of the draft rules

Complete registration applications under the Industrial Hemp Pilot Program and applicable fees may be filed electronically, by mail, or hand-delivered to the DNR. Note that all fees, including non-refundable application fee, registration fee, and any applicable endorsement fee, must be paid when the application is submitted. Alaska requires that if an applicant applies for two or more classes of registration, separate applications and all relevant fees must be submitted for the registration classes.

In addition to the requirements stated above, processor registration applicants must also submit:

• A physical description of the hemp processing facility
• A representation on the map required by 11 AAC 40.050(b)(5) indicating the location of industrial hemp storage or processing
• A list of raw industrial hemp sources, if accessible at the time of application.
• A comprehensive description of the product and the process to be utilized for each product or product line, as well as the quality control and assurance mechanisms to be employed by applicants intending to extract cannabinoids and terpenoids from hemp.
• A description of the proposed extraction procedures and the safeguards in place to protect workers, agents, and the general public from the extraction process's hazards
• A description of the proposed end use of the disposition of the hemp plant or non-processed hemp plant parts

For retailer registration application, the following are also required:

• A description of the proposed type of store or operations of the applicant
• The location or list of locations where industrial hemp will be offered for retail sales
• A list of industrial hemp products intended to be sold by the retailer

Along with registering producers, processors, and retailers, the Department of Natural Resources (DNR) will enforce restrictions on all hemp products sold in Alaska. The DNR must endorse any hemp product that has been processed beyond its raw state and is intended for human or animal use before being transported within the state or provided to a customer with or without compensation. Retailers and processors may apply for an endorsement using a DNR-provided application. Applicants for endorsement must provide the following:

• A color copy of the proposed label for the product
• A copy of each product's or batch's laboratory test findings
• A copy of the hemp processor's DNR registration under the 2014 Farm Bill or a copy of the hemp processor's registration or license from other states or qualified organizations that have developed hemp pilot programs in accordance with the 2014 Farm Bill
• A copy of the terpene analysis, if required
• An endorsement fee

Per 11 AAC 40.420, processed industrial hemp products intended for animal or human consumption in Alaska must be labeled with the following:

• The name of the product
• The expiration date of the product
• The batch and lot number for the product
• The total quantity of the product by volume or weight
• The recommended dose or serving size
• The product's ingredients list
• A statement certifying that the product has not been approved by the Alaska Department of Environmental Conservation or the United States Food and Drug Administration
• The industrial hemp pilot program that approved the processing or testing of the industrial hemp in the product
• The pilot program from which the hemp originated
• If the product conducts any delta-9-THC, the statement "warning: contains THC."

In addition, no health or medicinal claims must be made on the label or packaging of processed industrial hemp products produced for human or animal use. Also, industrial hemp products that have been processed may not reuse a unique batch number associated with an endorsement.

Where to Buy CBD in Alaska?

Following the legalization of adult-use marijuana, CBD products in Alaska are more readily available than in the preceding years. CBD products can be readily found through online shops, allowing you to compare prices and items from the convenience of your own home. If you shop for CBD products online, you get valuable information about the shop from customer reviews and determine whether or not their products are a good fit for your needs. Additionally, online shops often offer large amounts of CBD at discounted rates than conventional brick-and-mortar shops. This is ideal for CBD users who need larger stock and a broader range of products.

CBD products are also available in Alaska from head shops, vape shops, and dispensaries. One of the benefits of visiting a physical store to purchase CBD products is the opportunity to visually inspect products and get advice from in-store specialists. Note that CBD products bought in store may be more costly than those purchased online, owing to the high cost of owning and maintaining physical stores.