Judge Says Alaska Hemp Rules Requiring Limiting Hemp Product Sales to Dispensaries Are Constitutional

A federal judge last week ruled that the Alaska Department of Federal Resources did not violate the U.S. Constitution with regulations on the sale of intoxicating hemp products that were issued in 2023, KTOO reports. In the order, Magistrate Judge Kyle Reardon found the plaintiffs – the Alaska Industrial Hemp Association – “identified no authority that supports their suggestion that the State’s amended hemp regulations conflict with the 2018 Farm Act’s definition of hemp” and that the “regulations are consistent” with the Farm Bill.   

The rules require that intoxicating hemp products be sold only through licensed cannabis retailers in the state, and products sold outside of the state-approved retailers are considered illegal.

“On their face, the amended regulations provide that any hemp retailer – regardless of its location – may not offer products intended for human or animal consumption that contain delta-9-THC. Plaintiffs present no evidence that the regulations treat out-of-state hemp retailers any differently from their in-state counterparts. Moreover, the State’s differential regulation of the marijuana market does not render the amended hemp regulations discriminatory. The effects of those regulations on out-of-state hemp retailers cannot be compared to those

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Bud Digest

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