Is Delta 8 Legal In Alaska? What are the current regulations?

Is Delta 8 Legal In Alaska What are the current regulations - biowellnessx

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Are you wondering if Delta 8 THC is legal in Alaska? If so, this article will be a good resource for you. We are going to cover the details of what Delta 8 THC is, how it affects your body and its legality in Alaska. Read on to learn more!

Disclaimer: The laws governing Delta 8 THC molecules are notoriously difficult to keep track of. That’s why we always recommend consulting legal experts in your area before following this advice on how to handle them.

Key Takeaways

  • Delta 8 THC is one of the cannabinoids derived from industrial hemp, and it is legal as per federal law.
  • Alaska, on the other hand, classifies Delta 8 as a Schedule IIIA controlled substance. This means that it is illegal under Alaska state law.
  • Alaska’s marijuana laws prohibit the sale of Delta 8 within the state, so this form of THC is not accessible.
  • Buying Delta 8 THC products made from the hemp plant online is legal in some areas.


What is Delta 8 THC?

The new cannabinoid Delta 8 THC is among those hemp products touted for its entirely different properties from CBD and other hemp-derived compounds. Although tetrahydrocannabinol is present in small quantities within the hemp plant, it has psychotropic effects similar to those of delta 9 THC. Delta 8 THC is becoming one of the most prevalent cannabinoids people are using because it is almost identical to delta 9 THC, which causes someone to “get high.”

Delta 8 products can come in a wide variety of forms, all of which we can split into two main categories: they’re either ingestible or inhalant. However, since Delta 8 is new, we don’t have enough information about its actual long-term effects. THC is less beneficial for health due to the lack of euphoric effects and being more sedative.

Delta 8 is a helpful remedy to assist with anxiety and depression, and sleep issues, to name a few. Some report taking it in the daytime offers an uplifting experience. Others prefer delta 8 over delta 9 for its milder effects.

Delta 8, which is hemp-derived from the hemp plant and currently is federally legal, has not been approved in Alaska. If you live in this state and choose to take small amounts of delta 8 for personal routine, it may not be very clear what the current state laws governing hemp are and its legal status.

Regulations change all the time and can leave a lot of confusion about the legality of delta 8 and other hemp-derived products. Make sure to explore some of our other posts that cover in-depth and helpful information from all 50 states.

Does Alaska Support or Oppose Legislation on Delta 8 THC Hemp-Derived From The Hemp Plant?

Unfortunately, Delta 8 THC is illegal in the State of Alaska. — as stated in Alaska Statute 11.71.900, Section 7 (14)

Sec. 5. AS 03.05.100 is amended by adding a new paragraph to read: 21 (5) “industrial hemp” means all parts and varieties of the plant 22 Cannabis sativa L. containing not more than 0.3 percent delta-9-tetrahydrocannabinol. 

Sec. 7. AS 11.71.900(14) is amended to read: 28 (14) “marijuana” means the seeds, and leaves, buds, and flowers of the 29 plant (genus) Cannabis, whether growing or not; it does not include the resin or oil 30 extracted from any part of the plants, or any compound, manufacture, salt, derivative, 31 mixture, or preparation from the resin or oil, including hashish, hashish oil, and natural -7- Enrolled SB 6 1 or synthetic tetrahydrocannabinol; it does not include the stalks of the plant, fiber 2 produced from the stalks, oil or cake made from the seeds of the plant, any other 3 compound, manufacture, salt, derivative, mixture, or preparation of the stalks, fiber, 4 oil or cake, or the sterilized seed of the plant that [WHICH] is incapable of 5 germinations; it does not include industrial hemp as defined in AS 03.05.100; 

Does that mean Cannabis and Delta 8 are both controlled substances?

Since the passage of the 2018 Farm Bill and implementation of the industrial hemp pilot programs, which former President Donald Trump signed, delta 8 THC became a legal substance at the federal level as long as certain conditions were met:

  1. It had to be extracted from the hemp plant
  2. It had to contain a max of 0.3% Delta 9 THC


Most US states followed the same language for their regulations regarding hemp-derived products, but a few imposed changes that sought to outlaw analogs like delta 8 or delta 10 THC.

Current regulations limit the sale of delta 8 products.

Alaska is an excellent example of this, including prohibitions by some organizations on products like liquor and beer.

Because of all the current regulations, the law holds cannabis and delta 8 hemp products are currently not legal to purchase in Alaska.

Is a medical card needed in the state of Alaska to purchase Delta 8 THC?

Even when you have a medical card, unfortunately, you will not be able to buy delta 8 THC in the state of Alaska. There are no medical dispensaries that carry it at this time.

What About Recreational Marijuana In Alaska?

The possession of small amounts of marijuana for personal use is legal in Alaska.

You’re only allowed to have 113 grams of cannabis in your private living quarters.

The law states that you can carry up to 28 grams of marijuana on your person and will likely be in trouble if you have more than this amount.

If you get caught with 28g and 113g of marijuana, the penalty is one year in prison and a $1,000 fine. If you have more than 113g, the penalty could go up to 5 years in prison.

Can I Buy Delta 8 THC Online Or In Local Stores In Alaska?

There is no way to currently buy delta 8 products in a local shop or online in Alaska. There is a plan for this option in the future, but it is unclear when it will be operational.

We count it will be legal for residents of Alaska to purchase and consume marijuana within the next few years, various sources point out after the government implements its regulations on weed.

The Unsure Future of Delta 8 THC in Alaska

Industrial Hemp has so much potential, and so far, it’s been a success. But with the future of hemp in Alaska is a different story. With more being aware and informed about all the benefits hemp has, each individual can help change the laws and regulations that the hemp industry has been trying to push for by voicing opinions to state legislators.

When you contact them, they will be able to guide you and see that you are genuinely interested in Delta 8 THC. Since there is a lot of lexical turnover with these terms, it’s vital for each and every individual to express their feelings about them. 

Delta 8 THC is a cannabinoid for which there is not much scientific evidence on its effectiveness. With more research being conducted, we can learn about this compound and what it has to offer.

Even though Delta 8 THC’s effects are still uncertain, scientists are making progress every day in understanding this cannabinoid better, and we see more success stories come in from consumers using delta 8 products.

How to Use Delta 8 THC Products You Can Buy Online

Even though it’s not legal to purchase delta 8 products in Alaska, you can still find delta 8 THC in many presentations. Nowadays, there are a variety of companies and new a constantly popping up specializing in this product and even more options when choosing the way we want to consume this cannabinoid.

Delta 8 comes in a variety of delivery options, just like CBD. Stay tuned for more information on Delta 8’s various delivery methods and how they are innovative to the marketplace.

  • Flower You can now get buds (as it’s called) that have been infused with delta 8 tetrahydrocannabinol oil, which will make the experience more intense.
  • Dabs or concentrated cannabis extractions with high levels of delta 8 have become preferred for more experienced smokers. This is because they can be vaporized like other types of concentrates on a special device that doesn’t require combusting.
  • Edibles are a popular way to consume THC, and their effects have been shown to last up to eight hours. The most common edible is the Delta 8 gummies that you eat rather than smoke or vape!
  • Delta 8 tinctures are a great alternative to smoking or if you are not into sweets. Delta 8’s oil-based product can be put under the tongue or in dropper bottles for easy dosing, and they come with different milligram strengths as well as various flavors like earthy or mint.
  • Softgels / Capsules are a good alternative to edibles and oils for those who don’t like chewing or get the oil in their mount. These also last longer and don’t melt as edibles tend to do. They also act more quickly than other THC products so you won’t have to wait around too patiently before beginning the experience of relief.
  • Topicals are applied directly to the skin, entering your body and reducing discomfort. As a topical solution for joint pain that has less intense effects than oral-type products, these remedies can be used without addiction or drowsiness as side effects.
  • Cartridges and vape pens come in various flavors and strengths to suit the taste of just about anyone. They are a fast-acting, instant way for you to enjoy your D8.


Let’s Breakdown Alaska’s Delta 8 THC Laws And Regulations

As of right now, it is illegal to buy delta 8 THC online or in stores. 

The main reason is due to a completely different set of laws for medical marijuana and recreational use, which might get the two types of regulations mixed up in many cases.

Alaska may follow in the footsteps of Colorado and legalize CBD oil as well as other cannabinoid-based medications. But until then, you can only find delta 8 THC hemp products at licensed dispensaries.

Despite Delta 8 THC is illegal, you can consume recreational cannabis legally.

In Alaska, it is legal for people 21 years old or older to consume cannabis recreationally, so long as they are not in a public place.

Not only that, you are allowed to have up to one ounce of cannabis as long you keep it inside your residence. 

However, you can have more than this amount in your possession and purchase or transfer it from another person holding onto more than the legal limit. 

If you get caught with over an ounce outside your home, the only distinction is you can be charged with a misdemeanor and spend up to a year in prison.

Delta 8 Legal In Alaska: State Law Vs. Federal Law.

In the United States, you have individual states, each governed by its own set of rules.

Although the federal government sets laws that apply to all states, it is up to each state to legally define what is allowed within its borders.

In Alaska, it is legal for residents over 21 or older to possess and consume cannabis. However, it’s currently not permitted to have delta 8 related products.

One of the only things you are not allowed to do is smoke cannabis publicly, which both the state and federal levels look illegal.

As long as no one can see or smell who you’re smoking up with, authorities will usually turn a blind eye if they catch you consuming weed on your property.

Ressources

“Law of Alaska” http://www.akleg.gov/PDF/30/Bills/SB0006Z.PDF

“H.R.5485 – Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485

“Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf

“MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf

“Possession of a Controlled Substance in Alaska” https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/possession-controlled-substance-alaska

“HCS CSSB 6” http://www.akleg.gov/PDF/30/Bills/SB0006Z.PDF

“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

“Sec. 11.71.120. Authority to schedule controlled substances.” http://www.legis.state.ak.us/basis/statutes.asp#11.71.120

“Alaska Marijuana Legalization, Ballot Measure 2 (2014)” https://ballotpedia.org/Alaska_Marijuana_Legalization,_Ballot_Measure_2_(2014)

Frequently Asked Questions

What is the legal Status of Delta 8 THC in Alaska?

Currently, if you live in the state of Alaska, you cannot purchase delta 8 THC products. Despite delta 8 being one of many publicly federally legal hemp-derived products, individual states set their agenda as Alaska has shown.

Is Delta 8 considered a controlled substance?

Many state bans stem from the conclusion that federal law treats Delta-8 THC as a schedule I controlled substance, as shown under the federal Controlled Substances Act (CSA). As such, Delta-8 THC is likely treated as a "synthetically derived THC" substance, and thus, illegal under federal law.

Will Delta 8 THC get me high?

Although the effects of Delta 8 THC and traditional Delta 9 THC are relatively similar, it is the potency that sets D8 apart from its highly psychoactive counterpart. D8 can make you feel euphoric but without the unwanted paranoia and anxiety. It also causes a less intense effect. The short answer is yes, and it will leave you with a friendly and mild feeling that does resemble the "high" feel.

Can I buy delta 8 THC products in Alaska?

Unfortunately, the current laws surrounding delta 8 products make it illegal for any local stores to carry any type of delta 8 products. We hope this will change in the near future.

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