Is Delta 8 THC Legal in Alaska?

NO - Delta 8 THC is Not Legal in Alaska

Delta 8 THC is not legal in Alaska. The state considers all forms of THC, including Delta 8 THC, to be Schedule IIIA controlled substances. Despite the legalization of recreational cannabis in Alaska, Delta 8 THC remains illegal under state law, as it is classified differently from other cannabis products​.

Legal Status of Delta 8 THC in Alaska

The legal status of Delta 8 THC in Alaska is clarified through state laws and regulations that specifically address the legality of THC and its derivatives. Here are the details from the sources I found:

  1. Alaska Statutes on Controlled Substances: According to the Alaska State Legislature, Delta 8 THC is classified under the state's list of controlled substances. Alaska's controlled substances act categorizes various forms of THC, including Delta 8, as Schedule IIIA controlled substances. This classification is significant because it means that Delta 8 THC is regulated under state law similarly to other controlled substances, despite the legal status of cannabis for recreational use in Alaska​.

  2. Alaska Department of Law: The Alaska Department of Law has provided guidance that aligns with the state's controlled substances act. It clarifies that all isomers of THC, including Delta 8 THC, fall under the classification of Schedule IIIA controlled substances. This interpretation by the state's legal authorities further confirms the regulated status of Delta 8 THC, indicating that its production, distribution, and possession are subject to state-controlled substance laws​.


Relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of “marijuana”; providing that cannabidiol oil is not included in the definition of “hashish oil”; clarifying that adding industrial hemp to food does not create an adulterated food product; and providing for an effective date.

Sec. 5. AS 03.05.100 is amended by adding a new paragraph to read:

(5) “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9 tetrahydrocannabinol.

Sec. 7. AS 11.71.900 is amended to read:

(14) “marijuana” means the seeds, and leaves, buds, and flowers of the plant (genus) Cannabis, whether growing or not; it does not include the resin or oil extracted from any part of the plants, or any compound, manufacture, salt, derivative, mixture, or preparation from the resin or oil, including hashish, hashish oil, and natural or synthetic tetrahydrocannabinol; it does not include the stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the stalks, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination; it does not include industrial hemp as defined in AS 03.05.100;


Sec. 11.71.160. Schedule IIIA:

(f) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of its salts, isomers, whether optical, position, or geometric, or salts of isomers whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation:

      1. hashish
      2. hash oil or hashish oil;
      3. tetrahydrocannabinols;

    In summary, Delta 8 THC's legal status in Alaska is determined by its inclusion in the state's controlled substances classification, as outlined by state statutes and clarified by the Alaska Department of Law. This makes it illegal in Alaska, distinguishing it from legal cannabis products that are regulated differently under state law.

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