Is THCA legal in Alaska? Alaska hemp, CBD and kratom laws

The law in Alaska

Alaska regulates hemp products through endorsements rather than a milligram cap. The Division of Agriculture's industrial hemp rules in chapter 40 of title 11 of the Alaska Administrative Code say that, before being offered to a consumer with or without payment, any industrial hemp product processed beyond its raw form and meant for human or animal consumption must be endorsed by the division, under 11 AAC 40.400(a). A seller also needs a retailer registration under 11 AAC 40.500 before taking payment for processed hemp products from a consumer in the state.

The rules then shut the door on THC. Under 11 AAC 40.400(d) the division may not endorse a product that contains delta-9 THC or a non-naturally occurring cannabinoid, and under 11 AAC 40.520(b)(3) it may issue a notice of violation and a stop order for any processed hemp product from a registered retailer that contains any delta-9 THC. The Division's January 2025 advisory puts it plainly: products containing delta-9 THC may not be sold to a consumer in Alaska, even below 0.3 percent.

1. January 31, 2025The Division of Agriculture issues an advisory listing prohibited and permitted hemp cannabinoids, THCA among the prohibited.
2. March 31, 2026The Controlled Substances Advisory Committee recommends scheduling 7-hydroxymitragynine and two derivatives as schedule IIA.
3. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

The rules define delta-9 THC as the concentration found by a post-decarboxylation analysis, which counts THCA once it is heated. The Division's January 2025 advisory lists THCA sourced from industrial hemp among the prohibited cannabinoids, along with delta-8, delta-10 and delta-6 THC and their THC-O acetates, THCV, THCP, HHC, HHCP and synthetic or lab-created cannabinoids, and notes that the list is not exhaustive.

The same advisory says a person not licensed by the Marijuana Control Board who delivers, or possesses with intent to deliver, delta-9 THCA commits misconduct involving a controlled substance: in the fifth degree, a class A misdemeanor, for any amount, and in the fourth degree, a class C felony, for one ounce or more. It says the Division and the Alcohol and Marijuana Control Office will pursue unlawful THCA sales together.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

What can be sold, and how

The Division's permitted list is short: CBD isolate, CBG isolate, broad spectrum products and any hemp product with the THC removed, as shown on its final certificate of analysis. Those products may be sold, the advisory says, but each must carry a Division endorsement first, and products that are not endorsed must come off store shelves at once. It also says an endorsement granted before November 2023 does not save a product that contains delta-9 THC.

To enforce the rules, the Division may issue notices of violation, civil fines and stop orders, seize, quarantine or embargo products, suspend or revoke registrations and endorsements, and refer violations to a peace officer under AS 03.05.090.

Topicals, pets and food

Alaska's rule reaches more than edibles. The rules define consumption as any method of ingestion of or application to the body, including eating, drinking, inhaling, absorbing or injecting, and the Division says its notice applies to gummies, chocolate bars, tinctures, capsules, drinks, vapes, raw flower, every dermally applied topical product and pet products. A CBD balm or a pet tincture therefore needs an endorsement and no delta-9 THC, like any gummy. We found no separate Alaska rule on age limits for buying hemp or CBD products.

Kratom, kava, amanita and spores

On March 31, 2026, Alaska's Controlled Substances Advisory Committee, which advises the Governor on changes to the schedules in AS 11.71.140 to 11.71.190, formally recommended that 7-hydroxymitragynine and its derivatives mitragynine pseudoindoxyl and dihydro-7-hydroxy mitragynine be classified as schedule IIA controlled substances. We found no statute or regulation that has adopted the recommendation, and no Alaska law on kratom leaf. We did not find Alaska rules on kava, amanita muscaria or mushroom spores in the sources we read.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.