Is Delta-8 Legal in Alaska flag

Is Delta-8 legal in Alaska?

Hemp-derived Delta-8 is arguably legal in Alaska under Alaska State law. Keep reading for more information. Click here to order the finest Delta-8 products online

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is a substance from the cannabis plant. There are hundreds of identified cannabinoids in the plant, and when a person consumes cannabinoids, the cannabinoids have an effect on their endocannabinoid system. The human endocannabinoid system uses the cannabinoids as neurotransmitters that work on the cannabinoid receptors throughout the human body. ​​

The endocannabinoid system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, and memory, and in mediating the effects of cannabis [1]. 

Delta-8 is a very popular THC product used for therapeutic needs. In some states, legislators understand and appreciate its benefits and are onboard with Delta-8. In other places, lawmakers have not been as swift or sure. In the case of Alaska, where marijuana is freely available for adults, we have to ask why the state would limit other cannabinoids like Delta-8. Is it because Delta-8 doesn’t fit into their recreational marijuana tax structure? 

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of cannabinoids that have been identified from the cannabis plant, and it is the psychoactive substance in cannabis. An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties. 

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Chemically speaking, the molecule that makes these three types of THC is very similar. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 on the ninth carbon chain, and for Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, though typically at lower levels.

What does “hemp-derived” mean?

Hemp-derived means made from hemp, aka industrial hemp. Industrial hemp is what hemp derived products are made from. The 2018 Farm Bill that we will look at in next section established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use. Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in many inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal in Alaska? 

The Farm Bill legalized hemp and Delta-8 across the United States, including Alaska. For many years in the U.S., cannabis was illegal whether or not it contained THC, which comes from the cannabis plant. In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. The Bill defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it for interstate commerce in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states, like Alaska, allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. 

The Bill defines hemp as 

 Hemp –The term `hemp’ means the plant Cannabis sativa and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp. 

How do you buy high quality Delta-8 in Alaska?

You should always buy from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. Poor processing of Delta-8 may lead to degradation of the compound, inaccurate potency, or harmful by-products. The processing standards of Delta-8 THC are critical for its quality, safety and legality. You should only purchase Delta-8 from producers who provide a Certificate of Analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. 

Producers who use third-party lab testing and publish the results will earn consumers trust. Labs that are registered with the Drug Enforcement Agency (DEA) and the International Standards Organization (ISO) and other regulating entities are familiar with federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products. 

Earthy Select provides the highest quality Delta-8 THC and offers third-party testing CoAs for each and every product from our velvety 50mg Delta-8 Gummies to our tasty Delta-8 THC Flower. 

Where is Delta-8 THC legal? 

Based on the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant provided  they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight. 

The federal government protects interstate commerce of hemp and hemp-derived Delta-8 THC products nationally. Even so, states may still put limits on Delta-8 or other cannabinoids within their borders. It can definitely be confusing in some places like California.

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Where to buy Delta-8 in Alaska

You can purchase Delta-8 at stores like Green Glass Ak, Hempire Co., and Airport Way Best Bud. Or you can always order online from Earthy Select! We sell potent Delta-8 gummies, flower, lozenges, tablets, tinctures and vapes and we ship nationwide. Satisfaction guaranteed! 

Delta-8 and the law in Alaska

Alaska first legalized marijuana for adult recreational use in 1975 by court ruling in the Ravin v. State case. The decision related to a right to privacy afforded to citizens in the state’s constitution [2]. Later, Alaska Measure 2 (1990) re-criminalized recreational adult use.

Then a new Alaska Measure 2 (2014) passed, allowing people age 21 and older to possess up to an ounce of cannabis. 

Regarding hemp-derived cannabinoids, the state’s controlled substance list includes all forms of tetrahydrocannabinols (THC) to be controlled substances “unless specifically excepted.” So what is the exception? In 2020’s Statute AS 03.05.100, Alaska defines hemp as “all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9-tetrahydrocannabinol [3].” This would appear to allow Alaskans to use all hemp-derived products. 

The Alaska Department of Agriculture has approved Earthy Select Delta-8 distillate, and our products are registered with the Alaska Industrial Hemp program. The nature of how Alaska treats Delta-8 may have more to do with regulating marijuana businesses than in keeping it away from citizens. 

Final thoughts on Delta-8 in Alaska

Alaskans can order Delta-8 online if they aren’t able to find it locally. We think you’ll love Earthy Select’s premium Delta-8, available for online order and we ship nationwide! 


Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

  1. Wikipedia: Endocannabinoid System
  2. Alaska’s Constitution: A Citizen’s Guide
  3. Alaska Hemp Statutes

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Frequently Asked Questions

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel “high” after using THC products so we strongly recommend you use them responsibly.

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if you only use it once or twice. If you use it routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

They are both forms of THC that can be derived from hemp or marijuana, and both can have strong effects. They are both federally legal if derived from hemp and have less than .3% Delta-9 THC per dry weight. The strength or potency of both can vary greatly, but on average, Delta-8 is considered to have one-half to two-thirds the strength of Delta-9.

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of identified cannabinoids from the cannabis plant, and is the main psychoactive substance in cannabis. An isomer is one of two or more compounds that contain the same number of atoms of the same elements but differ in structural arrangement and properties.

In other words, chemically speaking, the molecule that makes these three types of THC is very similar. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share some of the effects of Delta-9, though typically at lower levels.

Yes, but even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.

A COA, or certificate of analysis, is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

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