Alaska Administrative Code

(a) The division will make a determination as to the completeness of the original or renewal application and will notify each applicant in writing that the application is complete, or of any additional information or submittals necessary to complete the application. (b) Not later…

(a) The division will deny an application for a new registration if the division finds that the signatory is not authorized to sign the application or is ineligible to participate in the program under 11 AAC 40.030. (b) The division may deny an application for a renewal registrat…

(a) To request a modification to a registration, a registrant must submit a modification request on a form prescribed by the division and pay the required fee set out at 11 AAC 40.100. (b) In the event of a registrant's death, incapacity, or dissolution, the registration may be m…

The division will charge fees as follows: (1) non-refundable application fee for each annual registration: $50; (2) non-refundable application fee for each annual renewal registration: $50; (3) annual registration fee for a grower: $100; (4) annual registration fee for a processo…

A person may not grow industrial hemp unless the person has obtained a grower registration from the division in compliance with this chapter or is operating under a registration subject to 11 AAC 40.200 - 11 AAC 40.295. Notes 11 AAC 40.200 Eff. 4/4/2020, Register 234, April 2020 …

(a) A registered grower is authorized to do the following, in compliance with this chapter: (1) grow industrial hemp; (2) store industrial hemp, hemp seed, and propagules; (3) receive compensation for raw industrial hemp from a registered processor or other registered grower, if …

(a) The division will publish and update on an annual basis a list of accepted and prohibited varieties of industrial hemp seed or propagules. (b) In addition to seeds and propagules received as an approved variety, a registered grower may (1) grow approved varieties of industria…

(a) Industrial hemp seed varieties from approved sources under this section that are offered for sale or acquisition in quantities of one pound or more must comply with the provisions of 11 AAC 34. (b) Industrial hemp seed varieties from approved sources under this section that a…

(a) A registrant may not grow or replicate industrial hemp seeds or propagules of wild, landrace, or unknown origin without first obtaining written permission from the division and complying with this section. (b) Before a registrant receives written permission from the division,…

(a) A registered grower importing industrial hemp propagules from outside the state and in compliance with 11 AAC 40.210 must ship the propagules to the division for inspection at the registered grower's expense. (b) The division will test the imported industrial hemp propagules …

(a) A registered grower must document all sources of industrial hemp seeds and propagules and the registrant's distribution of those seeds and propagules. (b) The documentation must contain (1) the name of the person from whom the seeds or propagules were acquired; (2) proof that…

A registered grower may not grow industrial hemp outside the authorized grow area identified by GPS coordinates and identified on the approved application. The registrant must destroy any industrial hemp that grows outside the authorized grow area. Notes 11 AAC 40.235 Eff. 4/4/20…

(a) The isolation distance between two or more varieties of the plant Cannabis for the purpose of keeping all seed pure is 3,230 feet (1,000 meters). (b) In addition to an isolation distance, planted hemp shall also be separated from other planted forms of cannabis by a barrier t…

If a grow area is one acre or less, the registered grower shall post readable signage no smaller than a total area of 144 square inches at the grow area and visible to the public that includes the following information: (1) the title, "Alaska Industrial Hemp Program"; (2) the reg…

(a) Not later than 30 calendar days after seeding, direct sowing, or replanting of hemp seeds and propagules, a registered grower must submit to the division, by mail or electronic mail, a planting report on a form prescribed by the division. (b) If the planting is outdoors, the …

(a) Only a pesticide applicator certified under AS 46.03.320 and 18 AAC 90 may apply pesticides to industrial hemp. (b) Before planting any hemp, a registered grower shall comply with the longest pre-planting interval listed on the pesticide product label. Notes 11 AAC 40.255 Eff…

A registered grower may not harvest industrial hemp until the division, or an authorized representative of the division has (1) collected and tested one or more samples from the harvest in compliance with 11 AAC 40.285 or 11 AAC 40.290(b), and also in compliance with 11 AAC 40.60…

A registered grower shall inform the division by mail or electronic mail of a projected harvest date for an industrial hemp crop not later than 30 calendar days before the projected harvest. Notes 11 AAC 40.265 Eff. 4/4/2020, Register 234, April 2020; am 11/3/2023, Register 248, …

The division will collect and test samples from the harvest lot before the projected harvest date or will inform the registered grower in writing that the division is unable to collect the samples for testing before the projected harvest date. Notes 11 AAC 40.270 Eff. 4/4/2020, R…

(a) The division will schedule with the registered grower a time for the division or an authorized representative of the division to conduct pre-harvest sample collections. (b) The registrant or the registrant's agent shall be present at the grow site during sample collection by …

(a) If the registered grower is informed in writing that the registrant may harvest industrial hemp from a harvest lot before division sampling and testing, the registrant may proceed with the harvest. (b) The division will schedule with the registrant a time for the division or …

(a) If pre-harvest testing confirms delta-9-THC levels in the harvest lot of not more than 0.3 percent, the registered grower may harvest each tested lot from which the sample was derived and further store or transport the industrial hemp for compensation or processing in complia…

(a) If a pre- or post-harvest sample tests greater than 0.3 percent delta-9-THC, the tested lot must be destroyed, unless reconditioning is permitted under (b) of this section. (b) If a sample tests greater than 0.3 percent delta-9-THC but not greater than 1.0 percent delta-9-THC…

(a) A registered grower must submit to the division, by mail or electronic mail, a post-harvest report on a form prescribed by the division, not later than 90 calendar days after receiving sampling results from the division. (b) The report must include the following information: …

A person may not process industrial hemp from its raw form into any other form, unless the person has obtained a processor registration from the division in compliance with this chapter or is operating under a registration subject to 11 AAC 40.300 - 11 AAC 40.335. Notes 11 AAC 40…

(a) A registered processor is authorized to do the following, in compliance with this chapter: (1) purchase and store raw industrial hemp for processing at the locations identified in the processor registration; (2) process industrial hemp; (3) receive compensation for raw indust…

In addition to the information set out under 11 AAC 40.050, an applicant for a processor registration must submit the following: (1) a physical description of the processing facility; (2) a depiction on the map required under 11 AAC 40.050(b)(5) of where industrial hemp will be s…

(a) A registered processor may only create hemp-based extracts utilizing the following methods: (1) the following non-hydrocarbon extractions:(A) cold or hot potable water filtration; (B) isopropanol; (C) ethanol; (D) carbon dioxide; (E) dry ice; (F) dry shifting or sieve; or (G)…

(a) For any processed hemp intended for human or animal consumption, each batch shall be tested in accordance with 11 AAC 40.600 - 11 AAC 40.665. (b) The testing under (a) of this section must be completed by the division or by a testing facility authorized by the division at the…

The division will notify the registered processor in writing of test results of any solvents, heavy metals, microbials, or pesticides found during testing. Notes 11 AAC 40.325 Eff. 4/4/2020, Register 234, April 2020; am 11/3/2023, Register 248, January 2024 Authority:AS 03.05.010…

(a) A registered processor shall keep records of all industrial hemp obtained for the purpose of processing for each registered year, including(1) the date the industrial hemp was received; (2) the quantity received; (3) an identifying harvest lot number; (4) the name, telephone …

(a) A registered processor shall submit a completed production report for each registration term not later than 20 calendar days before the expiration of the registration term. (b) The report must contain (1) the quantity of the industrial hemp processed; (2) the type and quantit…

(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) An endorsement for a hemp product subject to 11 AAC 40.40…

(a) An application for endorsement or renewal of endorsement of an industrial hemp product intended for human or animal consumption must be on a form prescribed by the division and must include (1) a color copy of the product's proposed label; (2) a copy of the certificate of ana…

(a) Processed industrial hemp products intended for human or animal consumption must meet or exceed the requirements of 11 AAC 40.600-11 AAC 40.665. (b) Processed industrial hemp products intended for human or animal consumption may not be offered with or without compensation to …

Notes 11 AAC 40.415 Eff. 4/4/2020, Register 234, April 2020; repealed 11/3/2023, Register 248, January 2024 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mo…

(a) Processed industrial hemp products intended for human or animal consumption must be labeled with the following: (1) the product name; (2) the total quantity of the product by weight or volume; (3) the serving size or recommended dose; and (4) a list of all ingredients. (b) Pr…

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 su…

(a) A registered retailer is authorized to do the following, in compliance with this chapter: (1) import processed industrial hemp or industrial hemp products; (2) receive compensation for processed industrial hemp or industrial hemp products; (3) store processed industrial hemp …

In addition to the information set out under 11 AAC 40.050, an applicant for a retailer registration must submit the following: (1) a description of the type of store or operations of the retailer; and (2) a location of the retailer where industrial hemp will be offered for retai…

(a) A registered retailer who adds, mixes, or incorporates a processed industrial hemp product intended for human or animal consumption into non-hemp products shall use only processed hemp products endorsed under 11 AAC 40.400 - 11 AAC 40.420. (b) A registered retailer who adds, …

(a) The division or an authorized representative of the division shall be granted access to all industrial hemp products available at any retail location during normal business hours in order to inspect, test, and sample any hemp products available for sale. (b) The division may …

(a) A registered retailer shall keep records of processed industrial hemp or processed industrial hemp products obtained for the purpose of retail for each registered year, including (1) the date the processed industrial hemp or processed industrial hemp products were received; (…

Notes 11 AAC 40.530 Eff. 4/4/2020, Register 234, April 2020; repealed 11/3/2023, Register 248, January 2024 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mo…

A registered hemp retailer may not sell, give, distribute, transfer, or offer to sell, any industrial hemp product unless the product has satisfied the requirements of 11 AAC 40.600 - 11 AAC 40.665. Notes 11 AAC 40.600 Eff. 4/4/2020, Register 234, April 2020; am 11/3/2023, Regist…

(a) The division or a testing facility authorized by the division shall test industrial hemp and industrial hemp products to verify compliance with this chapter, perform investigations, compile data for the Alaska Industrial Hemp Program, and address public health and safety conc…

(a) Any industrial hemp or industrial hemp product, before being offered for compensation or offered without charge, must have samples drawn from the entire harvest lot and submitted to the division or an authorized testing facility as one test sample. (b) To comply with (a) of t…

Notes 11 AAC 40.615 Eff. 4/4/2020, Register 234, April 2020; repealed 11/3/2023, Register 248, January 2024 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mo…

Notes 11 AAC 40.620 Eff. 4/4/2020, Register 234, April 2020; repealed 11/3/2023, Register 248, January 2024 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mo…

(a) The division will establish a minimum weight or volume of industrial hemp products and direct the designated testing facilities to apply those standards for every type of test conducted. (b) The division will also establish a standard number of samples required to be included…