Cannabinoid legality is something that is often confusing and not always readily available. Why is that? And what about one of the newest cannabinoids on the market, Delta 8? And what does Alaska state law say about Delta 8?

Delta 8

But what is Delta 8? Delta 8 is a cannabinoid found within the stem of the cannabis plant. It has a lesser psychoactive effect than it’s structurally similar cannabinoid Delta 9, which is the main psychoactive compound that creates the high that consumers seek when they use cannabis. There is a difference in molecular structure that creates the difference between these two delta thcs. Because of this difference, Delta 8 is less potent, but also more beneficial according to consumers, who say that they get the relaxation and euphoria of getting high while still being able to function on a normal basis. With the numerous benefits that people and scientists have reported about Delta 8, why is there confusion on its legality?

Federal vs State Legality

There is a difference between something being federally legal and state legal. Each jurisdiction has their own rules and regulations. On the federal level, Delta 8 THC is legal, thanks to the 2018 Farm Bill passed by the USDA. It states that as long as a product contains less than 0.3 percent of Delta 9 THC, then it is legal to sell to the general public. Delta 8 is structurally different from Delta 9, so it contains less than 0.3 percent of Delta 9.

But just because Delta 8 is federally legal doesn’t mean that every state has the same laws in place when it comes to this psychoactive cannabinoid. Consumers must do research for their own state to see if Delta 8 is legal to possess and consume. 

Alaska State Law

Delta 8 is not legal in the state of Alaska. While the state has classified THC products as a schedule 3 drug, meaning that the drug is less likely to be abused than schedule 2 and 1 drugs, that doesn’t make it acceptable for the general public. The law states:

“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”

Since THC stands for tetrahydrocannabinol, anything with THC in it is considered a Class 3a drug and not authorized for use in the general public. This includes both Delta 8 and Delta 9, so both psychoactive compounds. 

Laws are always subject to change, so always check your state’s rules and regulations before purchasing any Delta 8 products.

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