Alaska Court Upholds State’s Right to Regulate Hemp-Derived Intoxicants

Alaska Judge Rules State Restrictions on Hemp-Derived Intoxicants Are Legal

A U.S. District Court judge in Alaska has ruled that the state’s restrictions on the sale of hemp-derived intoxicating products do not conflict with federal law. The decision supports Alaska’s 2023 policy requiring these products to be sold only through licensed cannabis dispensaries.

The ruling affirms that under the 2018 Farm Act, states have primary regulatory authority over the production and sale of industrial hemp within their borders. The court concluded that Alaska’s rules are not overridden by federal law and are, in fact, in line with the authority granted to states.

This decision follows a similar judgment earlier this year from the Fourth Circuit Court of Appeals, which upheld Virginia’s restrictions on hemp-derived products. In both cases, the courts emphasized that the 2018 Farm Bill allows states to enforce stricter hemp regulations than those outlined federally.

The growing popularity of intoxicating products synthesized from hemp-derived CBD, such as delta-8-THC and THC-O, has raised public health concerns. These products are often produced through chemical conversions using potentially hazardous substances. Independent lab testing has found that some of these items contain lower levels of cannabinoids than advertised, along with heavy metals, cutting agents, and other contaminants. Many of these compounds, including THC-O, have not undergone safety testing in humans.

As states respond to these emerging risks, this ruling reinforces their right to set and enforce regulations to protect public health and consumer safety.