A federal judge has upheld the Alaska intoxicating hemp product ban, ruling that the state’s 2023 regulations do not violate the Constitution. On May 23, Magistrate Judge Kyle Reardon issued the decision granting summary judgment to the state in a lawsuit filed by the Alaska Industrial Hemp Association.
The association sued in 2022, aiming to overturn new rules imposed by the Alaska Department of Natural Resources regulating intoxicating hemp items. These products, commonly sold in gas stations and convenience stores, contain trace THC levels but can’t be concentrated to cause intoxication.
Under Reardon’s ruling, only licensed marijuana retailers can legally sell hemp products with any psychoactive effects in Alaska. Assistant Attorney General Kevin Higgins who represented the state said the case was straightforward and motivated by public safety concerns.
He credited the Division of Agriculture for crafting careful, balanced rules that addressed an emerging industry without overreach or confusion. The plaintiffs argued the ban violated constitutional clauses and imposed vague, excessive limits, but the judge dismissed each claim in his ruling.
In an earlier phase of the case, US District Judge Sharon Gleason denied a request to block the regulations’ enforcement. Since then, enforcement teams have seized products from four businesses, including shops in Anchorage and Fairbanks, for violating the new rules.
Trevor Haynes, who manages a marijuana business and heads Alaska’s industry group, said the ruling prevents unregulated sales under the hemp label. He believes this eliminates the gray market where sellers disguise marijuana products as legal hemp to avoid oversight.
However, Haynes criticized the requirement that hemp products contain zero psychoactive content, calling it unrealistic for many small businesses. He said some producers simply can’t afford the expensive equipment needed to remove all traces of THC from their products.
