“It appears that they want to outright ban any hemp products, while allowing the marijuana-producing firms to produce products which are exactly the similar.”
By James Brooks, Alaska Beacon
A group of hemp producers and manufacturers sued the Alaska Department of Natural Resources, claiming that New Limits on Intoxicating Hemp Products were unconstitutional.
The Alaska Industrial Hemp Association, along with four other businesses, filed a lawsuit in U.S. District Court Anchorage on Thursday.
Christopher Hoke, the attorney representing the plaintiffs said that the rules would make virtually all hemp-derived products made in the State and sold here illegal, including drinks, gummies and cookies.
He said, “We are only harming ourselves here.”
He has requested an interim restraining in order to prevent the ban while the case is being litigated.
Hoke stated, “We have asked for expedited review.”
The DNR, it’s commissioner, the director of state agriculture, and Lt. Nancy Dahlstrom (R), who is named in the suit, has not yet submitted a preliminary response to the complaint .
The lawsuit is based on a regulation Dahlstrom approved in October at the DNR’s request.
The Regulation that went into effect on Friday states that the DNR cannot approve “an industrial hemp-based product that contains delta-9 THC.”
Alaska’s marijuana market is heavily regulated. There are strict limits on the amount of THC and who can buy marijuana products that contain it.
Up until Friday, products containing delta-9-THC from hemp did not have the same restrictions as marijuana that was legal in Alaska.
In 2018, Congress passed – and President Donald Trump signed – a farm bill that stipulated that a hemp-based product could not contain more than 0.3 percent of delta-9-THC. The industry had few regulations regarding the quantity of products, age of the purchaser, or potency. Hemp products were also allowed to be sold between states. Marijuana-based products could not.
Some hemp producers believe that the Farm Bill’s potency limits apply to finished products, not plants, and they have sold foods and drinks with high amounts of delta-9.
These products are widely available because they can be purchased by anyone, regardless of age. They can also be bought at stores that don’t have a license to sell marijuana.
Congress has not provided any additional guidance regarding the law. Therefore, several states have taken the initiative to pass laws or write regulations in order to clarify their position.
Alaska’s advisory marijuana task force, appointed by Gov. Mike Dunleavy, a Republican, made the delta-9 issue his top priority. The state’s marijuana industry group also backed down from a push to pass legislation after officials in the Department of Agriculture said that they would deal with it through regulation.
Officials said that Dahlstrom’s new regulation would have a positive impact on the health of young Alaskans.
Members of the hemp sector responded, saying their products were no different from those sold by the legal cannabis industry. They accused officials of improperly working with the marijuana industry in order to benefit this sector.
Dan Ferguson, owner of a major Anchorage Hemp business, told KTUU TV in Anchorage, that the new regulation was “effectively a killing shot from the Cannabis industry to the hemp sector” in Alaska.
He and other hemp businessmen say that they have millions of dollars worth of products they can’t legally sell in Alaska.
Hoke stated that “it seems they want to outright ban any hemp products, while they allow marijuana-producing firms to produce products which are identical.”
In his complaint, he claims that the new rules violate the commerce clause of the U.S. Constitution.
The complaint stated that “all hemp is federally legal to possess and hemp that meets the federal definition cannot be interfered with while it flows through the interstate commerce.”
Judge Sharon Gleason has been assigned the case. Written arguments regarding the restraining orders have not yet been scheduled.
Hoke stated, “I believe this should be ours.”
The story was originally published by Alaska Beacon.
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The article Alaska Hemp Growers Sue State Agriculture Officials over New Limitations on Cannabinoid Product first appeared on Marijuana Moment.
