Alaska Hemp Product Limitation Rule Deemed Constitutional by Judge

Alaska is making headlines after a federal judge ruled that the Last Frontier State did not “did not violate the U.S. Constitution when it acted to limit intoxicating hemp products in 2023,” (1,2). The plaintiffs in the case were the Alaska Industrial Hemp Association and sued the state in 2023. Magistrate Judge Kyle Reardon said that the plaintiffs (2), “‘identified no authority that supports their suggestion that the State’s amended hemp regulations conflict with the 2018 Farm Act’s definition of hemp’ and that the ‘regulations are consistent’ with the Farm Bill.”

The 2023 ruling bans intoxicating hemp products unless purchased from a licensed cannabis retailer (1,3). The recent ruling means that these intoxicating hemp products will continue to be considered illegal.

“It was rewarding to be part of the process developing the regulations, and I was happy when we successfully defended against the motion for a preliminary injunction in 2023,” said Assistant Attorney General Kevin Higgins, by email to KTOO (1). The state was represented by Higgins in these legal proceedings.

“I’m not patting myself on the back too hard though,” Higgins added (1). “The Division of Agriculture was motivated by public safety concerns when it took measured action to regulate an emerging industry. This was an easy case to make, which is probably why the plaintiffs didn’t file an opposition to the motion for summary judgment.”

Recreational cannabis was first legalized in Alaska in 2014 (1,2). In 2023, the Alaska Division of Agriculture put into effect the ruling which made it illegal to purchase intoxicating hemp products from non-licensed retailers. Previously these types of products were able to be purchased at stores such as, gas stations and convenience stores, which are not licensed by the state (1).

Trevor Haynes, president of the Alaska Marijuana Industry Association and manager of a Fairbanks marijuana business, said to KTOO (1), “I have a business that’s purely a hemp business and so I understand it from both sides. It’s unfortunate, and there might be a better solution, but (the regulations are) certainly a way to ensure that there’s no gray area where intoxicating hemp, aka marijuana under another name, can be produced in the state and sold in the state.”

“On their face, the amended regulations provide that any hemp retailer – regardless of its location – may not offer products intended for human or animal consumption that contain delta-9-THC. Plaintiffs present no evidence that the regulations treat out-of-state hemp retailers any differently from their in-state counterparts. Moreover, the State’s differential regulation of the marijuana market does not render the amended hemp regulations discriminatory,” Judge Readon expressed in the ruling (2,3). “The effects of those regulations on out-of-state hemp retailers cannot be compared to those effects on in-state marijuana retailers or other participants in the marijuana market, for those entities are not similarly situated.”

References

1. Brooks, J. Judge rules that Alaska may limit sales of intoxicating hemp products https://www.ktoo.org/2025/05/29/judge-rules-that-alaska-may-limit-sales-of-intoxicating-hemp-products/ (accessed Jun 4, 2025).
2. Branfalt, T. Judge says Alaska hemp rules requiring limiting hemp product sales to dispensaries are constitutional - ganjapreneur https://www.ganjapreneur.com/judge-says-alaska-hemp-rules-requiring-limiting-hemp-product-sales-to-dispensaries-are-constitutional/ (accessed Jun 4, 2025).
3. D.Alaska 3 23-CV-00253-KFR 33 0 https://www.documentcloud.org/documents/25955992-dalaska-3-23-cv-00253-kfr-33-0/ (accessed Jun 4, 2025).