Is HHC (Hexahydrocannabinol) Legal in Alaska? (2026)

Instrument

11 AAC 40.400(a), (d); 11 AAC 40.910(13), (14)

Source

https://www.law.cornell.edu/regulations/alaska/11-AAC-40.400

Retrieved

2026-10-07

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11 AAC 40.400. Endorsement. (a) Before being offered with or without compensation to a consumer in the state, any industrial hemp product processed beyond its raw form and intended for human or animal consumption must be endorsed by the division. (b) [Endorsements valid 12 consecutive months] Unless the division makes an earlier decision on a timely filed application to renew an endorsement, a current endorsement remains valid for 90 calendar days after the end of the endorsement term. (c) The division will provide a written endorsement for each approved product. (d) The division may not endorse an industrial hemp product that contains delta-9-THC or a non-naturally occurring cannabinoid, including a cannabinoid made from an ingredient extracted from industrial hemp and modified beyond its original form. History: Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248. 11 AAC 40.910(13) "consumption" means any method of ingestion of or application to the body, including eating, drinking, inhaling, absorbing, or injecting. 11 AAC 40.910(14) "delta-9-THC" means delta-9-tetrahydrocannabinol concentration determined by a post-decarboxylation chemical analysis. 11 AAC 40.910(56) "THC" means total composite tetrahydrocannabinol, including delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid. 11 AAC 40.520(b): The division may issue a notice of violation and a stop order for any processed hemp product intended for human or animal consumption from a registered retailer if the hemp product (1) does not hold a current endorsement from the division issued in compliance with 11 AAC 40.400 - 11 AAC 40.420; (2) is not labeled as required by 11 AAC 40.420; (3) contains any delta-9-THC; or (4) has failed the permissible level of contaminants. (Section (b) of 40.400 summarized by fetch tool; other text as returned.)

Instrument

11 AAC 40.400(d), 40.410(b), 40.500, 40.910(14)

Source

https://dnr.alaska.gov/ag/akpmc/pdf/11 AAC 40 - Hemp regs from FOLIO.pdf

Retrieved

2026-10-07

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11 AAC 40.400(d) "The division may not endorse an industrial hemp product that contains delta-9-THC." 40.410(b) [Processed products] "may not be offered with or without compensation to a consumer if failing any requirement." 40.500 "A person may not receive compensation for processed industrial hemp" [without a retailer registration]. 40.910(13) ["consumption" includes] "eating, drinking, inhaling, absorbing, or injecting." 40.910(14) ["delta-9-THC" means] "delta-9-tetrahydrocannabinol concentration determined by a post-decarboxylation chemical analysis." [Advisory Notice Jan. 31, 2025:] "Products containing delta-9-THC may not be sold to a consumer in Alaska" [and the notice covers] "vaping, raw flower, and any dermally applied topical product." [Bracketed spans summarized.]

Instrument

Advisory Notice Re: Prohibition of Sale of Certain Industrial Hemp Products Intended for Human or Animal Consumption

Source

https://dnr.alaska.gov/ag/akpmc/hemp/pdf/resources/Alaska%20Industrial%20Hemp%20Program%20Advisory%20Notice%201.31.25.pdf

Retrieved

2026-07-02

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Department of Natural Resources
DIVISION OF AGRICULTURE
Alaska Plant Material Center
5310 S. Bodenburg Spur
Palmer, AK 99645-7646
Main: 907.745-4469
Fax: 907-746-1568

ADVISORY NOTICE RE: PROHIBITION OF SALE OF CERTAIN INDUSTRIAL HEMP PRODUCTS INTENDED FOR HUMAN OR ANIMAL CONSUMPTION

This advisory notice is to remind you that it is unlawful to offer with or without compensation to a consumer in Alaska an industrial hemp product that is intended for human or animal consumption that contains delta-9-THC or is otherwise not endorsed by the Division of Agriculture, 11 AAC 40.400. Endorsement. It is also unlawful to offer for compensation industrial hemp or industrial hemp products without being registered or permitted to participate in the Alaska industrial hemp program, 11 AAC 40.500. Retailer Registration Required.

This notice applies to many forms of hemp product to include gummies, chocolate bars, tinctures, capsules, beverages, vaping, raw flower, and any dermally applied topical product. It also applies to pet products. It does not matter if the product was endorsed before November 2023. Products containing delta-9-THC may not be sold to a consumer in Alaska.

Under 11 AAC 40.520(b)(3), "[t]he Division may issue a notice of violation and a stop order for any processed hemp product intended for human or animal consumption from a registered retailer if the hemp product contains any delta-9-THC."

Under 11 AAC 40.900(13), "'consumption' means any method of ingestion of or application to the body, including eating, drinking, inhaling, absorbing, or injecting[.]"

Under 11 AAC 40.900(56), "delta-9-THC" means delta-9-tetrahydrocannabinol concentration determined by a post-decarboxylation chemical analysis [.]"

Under 11 AAC 40.400(a), "[b]efore being offered with or without compensation to a consumer, any industrial hemp product processed beyond its raw form and intended for human or animal consumption must be endorsed by the division."

Under 11 AAC 40.400(d) "[t]he division may not endorse a product that contains delta-9-THC or a non-naturally occurring cannabinoid, including a cannabinoid made from an ingredient extracted from industrial hemp and modified beyond its original form."

Under 11 AAC 40.500, "a person may not receive compensation for processed industrial hemp or processed industrial hemp products from a consumer in the state, unless the person has obtained a retailer registration from the division in compliance with this chapter or is operating under a registration subject to 11 AAC 40.500 - 11 AAC 40.525."

Alaska prohibits delta-9 THC and non-naturally occurring hemp-derived cannabinoids, that is, fully synthetic cannabinoids that are human-made and created in a laboratory setting. In addition to banning artificial cannabinoids, the prohibition extends to semi-synthetic cannabinoids that are created from naturally present compounds (typically CBD) in cannabis plant material and then further modified through chemical reactions to arrive at the final compound.

The following table provides an overview of illegal (prohibited) and legal (permitted) cannabinoids. Industrial hemp products offered for sale must align with this list. Failure to do so is unlawful and enforcement action may be taken.

Illegal (Prohibited) *List is not exhaustive:
Delta-9 THC even if less than 0.3%.
Delta-8 THC delta-8 THC-O-acetate sourced from industrial hemp
Delta-10 THC delta-10-THC-O acetate sourced from industrial hemp
Delta-6 THC delta-10-THC-O acetate sourced from industrial hemp
THCA sourced from industrial hemp
THCV sourced from industrial hemp
THCP sourced from industrial hemp
HHC sourced from industrial hemp
HHCP sourced from industrial hemp
Synthetic or lab-created cannabinoids

Legal (Permitted for sale):
Any hemp product with THC removed (as indicated on final product certificate of analysis (COA).
CBD Isolate
CBG Isolate
Broad-spectrum products

Broad-spectrum and isolate based products with the delta-9-THC removed (as indicated on final product certificate of analysis, COA) may still be offered for sale in the state but must carry an endorsement with the division before being offered for sale. Non-endorsed hemp products must be removed from store shelves immediately and all sales must cease.

To enforce its regulations, the Division of Agriculture may, among other things:
- issue notices of violations and civil fines, or issue stop orders to any person who violates the 11 AAC 40.010 - 11 AAC 40.910;
- control, seize, quarantine, embargo, or direct the destruction of an industrial hemp product not in compliance with 11 AAC 40.010 - 11 AAC 40.910;
- suspend, revoke, or deny registrations, endorsements, or permits;
- cooperate and communicate with the Marijuana Control Board, the Department of Public Safety, or any other peace officers, and, as permitted under AS 03.05.090, refer violations of this chapter to a peace officer for criminal prosecution.

SPECIAL NOTE REGARDING THCA

Per the Drug Enforcement Agency:

In regards to delta-9 THCA, Congress has directed that, when determining whether a substance constitutes hemp, delta-9-THC concentration is to be tested "using post-decarboxylation or other similarly reliable methods." 7 U.S.C. 1639p(a)(2)(A)(ii), 7 U.S.C. 1639q(a)(2)(B). The "decarboxylation" process converts delta-9-THCA to delta-9 THC. Thus, for the purposes of enforcing the hemp definition, the delta-9-THC level must account for any delta-9-THC in a substance.

Accordingly, cannabis-derived delta-9-THCA does not meet the definition of hemp under the CSA because upon conversion for identification purposes as required by Congress, it is equivalent to delta-9 THC.

A person not licensed by the Marijuana Control Board commits the crime of misconduct involving a controlled substance in the fourth degree, a class C felony (AS 11.71.040) if the person delivers or possesses with the intent to deliver one ounce or more of delta-9 THCA, or misconduct involving a controlled substance in the fifth degree, a class A misdemeanor (AS 11.71.050), if the person delivers or possesses with the intent to deliver any amount of delta-9-THCA.

Unlawful sales of THCA will be pursued jointly by the Alaska Division of Agriculture and the Alcohol and Marijuana Control Office through all available lawful measures, including coordination with the State of Alaska, Office of Special Prosecutions and Appeals and federal authorities based in our State.

Instrument

Industrial hemp

Source

https://law.justia.com/codes/alaska/title-3/chapter-05/section-03-05-076/

Retrieved

2026-07-02

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(a) Industrial hemp is an agricultural crop in the state. An individual who produces industrial hemp shall apply to the department for registration under this section. Registration is valid for one year but may be renewed. An application for registration or renewal must be on a form prescribed by the department that includes
(1) the name and address of the applicant;
(2) the address and global positioning system coordinates of the area to be used for the production of industrial hemp; and
(3) a signed statement by the applicant, made under the penalty of perjury, affirming that the applicant
(A) has not been convicted of a felony related to a controlled substance in this or another jurisdiction within the 10 years immediately preceding the date of application; or
(B) was lawfully growing hemp before December 20, 2018, and was not convicted of a felony related to a controlled substance in this or another jurisdiction after that date.
(b) An individual registered under this section may
(1) produce industrial hemp, including growing, harvesting, possessing, transporting, processing, selling, or buying industrial hemp;
(2) use any propagation method, including planting seeds or starts or using clones or cuttings to produce industrial hemp;
(3) retain industrial hemp seeds for the purpose of propagating industrial hemp in future years;
(4) retain and recondition any industrial hemp that tests between 0.3 percent and one percent delta-9-tetrahydrocannabinol on a dry-weight basis.
(c) An individual registered under this section shall
(1) comply with testing standards and procedures established by the commissioner by regulation;
(2) maintain, for at least three years following the sale or transfer of industrial hemp, records showing
(A) the name and address of the person that received the industrial hemp;
(B) the amount of industrial hemp transferred;
(3) make the records required under (2) of this subsection available for inspection by the department during normal business hours if the department provides at least three days' notice before inspecting the records.
(d) The department shall
(1) establish fee levels for application, registration, and renewal of registration so that the total amount of fees collected under this section approximately equals the regulatory costs for regulating the industrial hemp industry;
(2) annually review each fee level to determine whether the regulatory cost of industrial hemp is approximately equal to the fees collected;
(3) notify the Marijuana Control Board and the Department of Public Safety when the department issues a stop-sale order and issues a violation notice under this section;
(4) require an individual registered under this section whose industrial hemp tests over one percent delta-9-tetrahydrocannabinol to destroy the product so that it cannot be used for the purpose of reconditioning other hemp crops or gifted or transferred to another individual other than for the purpose of having the industrial hemp destroyed in full form.
(e) The department
(1) shall issue a stop-sale order and issue a violation notice to a person who is producing industrial hemp without a current registration;
(2) may adopt regulations regarding approved shipping documentation for the transportation of industrial hemp;
(3) may conduct random tests and inspections of industrial hemp for delta-9-tetrahydrocannabinol concentration produced by an individual registered under this section.
(f) The department, an individual registered under this section, or any institution of higher education may import into the state and resell industrial hemp seeds.
(g) Industrial hemp products intended for human consumption may not exceed 0.3 percent delta-9-tetrahydrocannabinol.
(h) Producing industrial hemp without a registration issued under this section is a violation punishable by a fine of $500.
(i) The department may develop an industrial hemp program that complies with federal requirements and submit a program plan to the United States Department of Agriculture for approval.

Instrument

Marijuana definition / Industrial hemp definition / AMCO hemp-product routing

Source

https://www.commerce.alaska.gov/web/Portals/5/pub/ProfessionalLicensing/IndustrialAndIntoxicatingHempProducts.pdf

Retrieved

2026-07-18

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AS 17.38.900(10): 'Marijuana' means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; 'marijuana' does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination. AS 03.05.100 (Industrial Hemp Program, definitions): 'industrial hemp' means all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9 tetrahydrocannabinol. DNR Division of Agriculture guidance (Industrial Hemp and Intoxicating Hemp Products FAQ, current 2026-07-18): 'To be legal, an industrial hemp product that is intended for human or animal consumption, must be endorsed by the Division of Agriculture. The Division does not endorse any product that contains delta-9-THC or a non-naturally occurring cannabinoid, including a cannabinoid made from an ingredient extracted from industrial hemp and modified beyond its original form. Legal products may only be offered to consumers by retailers that are registered with the Division to participate in the Alaska industrial hemp program. Products that are not endorsed by the Division include delta-9 THC, delta-8 THC-O, delta-10 THC-O, delta-6 THC-O, THCA, THCV, THCP, HHC, HHCP, or other synthetic or lab-created cannabinoids derived from hemp. These products may not be used or offered to consumers under the industrial hemp program.'

Instrument

Marijuana definition / Industrial hemp definition / DNR non-endorsement of HHC under the industrial hemp program

Source

https://www.commerce.alaska.gov/web/Portals/5/pub/ProfessionalLicensing/IndustrialAndIntoxicatingHempProducts.pdf

Retrieved

2026-07-19

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AS 17.38.900(10): 'Marijuana' means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; 'marijuana' does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination. AS 03.05.100 (Industrial Hemp Program, definitions): 'industrial hemp' means all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9 tetrahydrocannabinol. DNR Division of Agriculture guidance (Industrial Hemp and Intoxicating Hemp Products FAQ, current 2026-07-19): 'To be legal, an industrial hemp product that is intended for human or animal consumption, must be endorsed by the Division of Agriculture. The Division does not endorse any product that contains delta-9-THC or a non-naturally occurring cannabinoid, including a cannabinoid made from an ingredient extracted from industrial hemp and modified beyond its original form. Legal products may only be offered to consumers by retailers that are registered with the Division to participate in the Alaska industrial hemp program. Products that are not endorsed by the Division include delta-9 THC, delta-8 THC-O, delta-10 THC-O, delta-6 THC-O, THCA, THCV, THCP, HHC, HHCP, or other synthetic or lab-created cannabinoids derived from hemp. These products may not be used or offered to consumers under the industrial hemp program.'