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Is Delta-8 Legal in Alaska? (Updated for 2024)

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Disclaimer: The information in this article regarding Delta-8 THC is drawn from comprehensive research and we have made every effort to share the most accurate information available at the time of writing. Remember that legal status is handled differently by jurisdiction and can change status over time. The reader is advised to check the status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.


The curiosity surrounding Delta-8 is rising, and it’s no surprise. With the legalization of hemp-derived products on a federal level, Delta-8 is popping up all around the country.

While Delta-8 is still technically federally legal, some states have decided to impose laws that bring us back to square one. So, what about Alaska? While you might catch the eye of grizzlies, moose, caribou, and bald eagles, will you come across Delta-8? Let’s find out.

Key Takeaways:

  • Delta-8 THC is in a legal grey area due to the 2018 Farm Bill, leading to varying legality across states. It is illegal in Alaska, despite the legality of cannabis.
  • Alaska classifies Delta-8 THC and similar cannabinoids as Schedule lllA-controlled substances, prohibiting their use, possession, sale, and production.
  • Limited research deems Delta-8 THC relatively safe, but it remains unregulated by the FDA. Consumers should seek reputable sources and consult healthcare professionals before use.

It is illegal to buy sell advertise or make any delta 8 products in the sate (web archive) it is a schedule IIIA controlled substance. Having Delta 8 is could be either a class C felony of a misdemeanor depending on the amount and intent.

Delta-8 has never been recognized as legal in Alaska. Not one piece of legislation, including CBD, CBG, or CBC, explicitly allows Delta-8 or any other hemp derivative. Every current bill either instructs how to grow, distribute or sell hemp goods, or allows hemp to be grown in an industrial hemp pilot program.

Alaska Senate Bill 6 passed and was signed into law by the then-governor Bill Walker in April 2018. Alaska’s first industrial hemp pilot program was added to the law by legislation and consisted of the Department of Natural Resources Division of Agriculture (DoA) to research how to grow and distribute hemp.

On April 4, 2020, the DoA created the Alaska Industrial Hemp Pilot Program, allowing research on and the sale of hemp under the clauses of Senate Bill 6. Its 2014 Agriculture Bill clauses are included in Section 7606, legalizing hemp pilot programs and authorizing law enforcement to enforce compliance. 

It also permitted Alaskan distributors to grow hemp and market goods made from it. Senate Bill 27 is Alaska’s constant long-term hemp pilot program that complies with the 2018 Farm Bill, and it sanctions how to market, sell and grow hemp, hemp compounds, and hemp goods.

Delta-8 THC and Federal Law

First off, let’s do a little refresh and talk about what exactly Delta-8-THC is. Delta-8-tetrahydrocannabinol is a minor cannabinoid that can get you high, similar to Delta-9-THC (which is the most well-known and most-used psychoactive cannabinoid). Delta-8 is known for getting you mildly high, enough to feel it but not as intense as Delta-9.

When the 2018 Farm Bill was introduced, all hemp and hemp-derived products containing less than 0.3% Delta-9 THC were made federally legal. Can you guess what happened? Obviously, the country went crazy and began making and selling a bunch of hemp-derived cannabinoid products.

The 2018 Farm Bill doesn’t mention Delta-8 specifically, which has created a grey area in legal terms. While Delta-8 and other cannabinoid products are available in many states, even where medical or recreational cannabis is illegal, it has been banned in some states.

Alaska Delta-8 THC Laws

Although the use of medical and recreational cannabis in Alaska is legal, Delta-8 products are not. Using, possessing, selling, distributing, marketing, and producing Delta-8 products is strictly prohibited, and this goes for other minor cannabinoids like HHC and THC-O as well.

Is Delta-8 a Controlled Substance in Alaska

Although the 2018 Farm Bill says that these products aren’t federally illegal, the state of Alaska considers Delta-8 a Schedule lllA-controlled substance. This means that, depending on quantity and intent, you could end up spending some time in jail. Better not to risk it; it’s probably a sounder idea to stick to legal cannabis in Alaska.

Delta-8 THC Possession Limits in Alaska

Delta-8 THC is illegal in Alaska, and there’s no defined possession limit. This could be because the 2018 Farm Bill is quite new and didn’t even mention Delta-8 and other isomers. If you have Delta-8 or another minor cannabinoid product on you, you’re at the mercy of the state legislature.

Delta-8 THC and other hemp-derived minor cannabinoid products are completely illegal in the State of Alaska. You cannot use, possess, sell, produce, distribute, or market Delta-8 or other isomers like Delta-10 THC, HHC, THC-O, THC-P, and others.

Is Delta-8 THC Safe?

There is limited research on Delta-8 THC and other minor cannabinoids. Meanwhile, it is considered safe, but it's not regulated by the FDA. Because of this, the quality and purity of products are not always the same.

When purchasing Delta-8 THC products where the cannabinoid is legal, it’s always important to talk to a healthcare professional first. Once you get the go-ahead, you’ll want to make sure you’re only buying from reputable brands that conduct third-party testing and are transparent about their processes.

Where to Buy Delta-8 in Alaska

While you can’t get your hands on Delta-8-THC products in Alaska, there are a ton of states where you can. Buying online is often the best way to do so! If you’re anywhere slightly warmer, check out the local Delta-8 laws in your area and head on over to Botany Farms to see the bountiful Delta-8 harvests.

We’ve got the Live Resin Delta-8 THC Tincture. The buzz from the full-spectrum CBD tincture and a blast of Delta-8-THC make this a ride to remember. It’s made from a small batch of Sour Space Candy flower and flash-frozen to keep every cannabinoid intact. Plus, the live resin makes it extra potent.

Cartridges are a popular way to take Delta-8, and we’ve got some of the best. Botany Farms’ Delta-8 THC Vape Cartridge Berry Blossom will melt all your stress away. This indica vape cartridge filled with distilled Delta-8-THC concentrate is packed with cannabinoids and terpenes to make your trip one to remember.

If you’ve got a bit of a sweet tooth, you’ll want to take a look at the Delta-8 THC Gummies Tropical Mix. Every fruity, chewy, and sweet gummy is packed with 30 mg of Delta-8 and an additional 2 mg of Delta-9. This product was made for those who want something potent, so we suggest taking it slow and seeing where it takes you.

A joint can be art, but it’s not always easy to get it right. Skip the work and get yourself some Delta-8 Sugar Queen Pre-Rolls from Botany Farms. The sativa strain is sure to energize you and get you going, whether you have work to do or want to go out on the town.

Finally, if you want some good old herb, have a look at Delta-8 Godfather OG. With parents like OG Kush and Early Resin Berry, it comes as no surprise that this indica is pretty popular. Best for relaxing after a long day or getting out of your head! Check out some of our premium Delta-8 THC here at Botany Farms.

Sources used for this article:

  • https://www.usda.gov/farmbill
  • https://www.muni.org/Departments/Assembly/SiteAssets/Pages/Community%20and%20Economic%20Development%20Committee/Hemp.pdf
  • https://health.alaska.gov/dph/Epi/Documents/phan/AKPHAN_20210915_CannabisDelta8CDC.pdf
  • https://www.akleg.gov/PDF/30/Bills/SB0006Z.PDF

This article was last updated in March 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time.

Additionally, this article is NOT intended to be legal advice. Botany Farms does NOT provide or intend to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.

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