Alaska Department of Natural Resources 

Division of Agriculture 

USDA Industrial Hemp Program 

Alaska State Plan 

Date of Submission: December 28, 2021 

Effective Date: January 1, 2022 

Submitted by: David W. Schade, MPA, Director 

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History / Status of Alaska’s Industrial Hemp Program

In April 2018, then Governor Bill Walker signed into law Senate Bill 6 which established an industrial 

hemp pilot program in Alaska (Chapter 5, SLA 2018). The new law authorized the Alaska Department of 

Natural Resources (DNR), through the Division of Agriculture to create an Industrial Hemp Pilot Program 

to research the growth, cultivation, and marketing of industrial hemp. The pilot program was also directed 

to increase the knowledge of how industrial hemp production, cultivation, and marketing may increase 

agricultural production in Alaska and contribute to our economy 

On April 4, 2020, the Department of Natural Resources, Division of Agriculture (DoAg) implemented the 

Alaska Industrial Hemp Pilot Program which followed the guidelines of Section 7606 of the 2014 Farm 

Bill and State Statutes, (Senate Bill 6; CH 5, SLA 2018). Regulations promulgated by the DoAg provided 

Alaskans and Alaskan businesses a legal avenue to produce, process, and market industrial hemp and 

industrial hemp products. (See 11 AAC 40.010 – 11 AAC 40.910) 

In September 2021 Governor Mike Dunleavy signed SB27 into law. SB27 established a permanent 

program. Key elements in the bill were that it added subsections authorizing the Commissioner of the 

Department ofNatural Resources to include the manufacturing and retail sales of products made from 

industrial hemp, as well as registration and renewal procedures in the regulations for the industrial hemp 

program. 

State Statutes were amended so that Alaska is in alignment with the requirements of the 2018 farm bill, 

including language that a registrant for the industrial hemp program is not eligible if they had been 

convicted of a felony involving a controlled substance within the last ten years and it changes the statutory 

definition of industrial hemp to match the 2018 federal definition. It directly authorized the Department of 

Natural Resources to develop an industrial hemp program that complies with federal requirements and 

submit this plan for the program to USDA for approval. 

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Requirements for State and Tribal Hemp Plans and License Numbering Scheme 

1. Plan to maintain relevant producer and land information 

 Collect, maintain, and provide to USDA contact information for each hemp producer licensedor 

authorized in the state or territory of the tribal government (whichever applicable). [990.3 (a) (1)] 

The Alaska Division of Agriculture (DoAg) will collect and maintain relevant producer information by 

requiring each applicant to complete an industrial hemp grower registration and a Criminal History Report. 

See 11 AAC 40.030, 11 AAC 40.040 and AS 03.05.076(a)(3). 

 Provide contact information for each hemp producer covered under the plan including name, 

address, telephone number, and email address (if available). If the producer is a business entity, the 

information must include the full name of the business, address of the principal business location, 

full name and title of the key participants, an email address (if available), and EIN number of the 

business entity. This information can be provided via the AMS-23 form via mail, fax, or email. 

[990.3 (a) (1) (i)] 

The DoAg will collect and maintain relevant information of land used for hemp production by requiring 

each new or renewal application to submit the “(5) the address, global position system coordinates, and a 

map of the area to be used to produce” industrial hemp.

 Provide a legal description of the land where hemp is produced in the state or tribal territory.[990.3 

(a) (1) (ii)] 

The DoAg requires that completed application and fees be filed electronically, mailed, or hand delivered to 

the division. Approved registrations are good for the remainder of the calendar year. Renewal 

Applications must be received before December 15th and upon approval are valid for the following 

calendar year. However, prior year registrations are valid until the timely filed subsequent year 

application is acted upon. 

The Alaska Division of Agriculture will provide to the USDA in the State HeMP website, contact 

information for each licensed producer, including business entities, covered under the Alaska Industrial 

Hemp Producer Registrations. The Division will submit this report to the USDA at the first of each 

month; as required. Information will include: 

Name 

Address 

Telephone number 

Email address (if available) 

If the applicant is a business entity, the information will also include: 

Name of the business 

Address of the principal business location 

Full name and title of the key participants 

An email address (if available) 

EIN number of the business entity 

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 Maintain and report to USDA status of licensed producers (and any changes) and license or 

authorization numbers of producers. [990.3 (a) (1) (iii)] 

The DoAg will forward a legal description for production registrants to the FSA. The DoAg will 

correspond quarterly; or as necessary to keep the FSA with current information. 

The DoAg will maintain and report to USDA the status of registered producers, including the registration 

numbers of producers, and any changes. The Department will report to the USDA using the HeMP 

program. This will include all new registrations made under 11 AAC 40.050; 11 AAC 40.060, 

Denials made under 11 AAC 10.080. 

Planting reports are required of the producers under 11 AAC 40.250. Pre-harvest reports are due to the 

DoAg 30 days prior to harvest and post-harvest reports are due 60 days after receiving sampling results 

from the DoAg. 

The registrant shall maintain a planting report for a period of three years from the date or dates of planting. 

The DoAg will also keep all records according to the State of Alaska’s retention schedule of 3 to 7 years. 

2. Plan for accurate and effective sampling and testing using post-decarboxylation or 

similarly reliable methods [990.3 (a) (2)]: 

 Standard sampling and performance-based sampling procedures must be sufficient at a confidence 

level of 95 percent that no more than one percent of the plants in each lot would exceed the 

acceptable hemp THC level and ensure that a representative sample is collected that represents a 

homogeneous composition of the lot. 

 All samples must be collected from the flowering tops of the plant by cutting the top five to eight 

inches from the “main stem” (that includes the leaves and flowers), “terminal bud” (thatoccurs at the 

end of a stem), ”or “central cola” (cut stem that could develop into a bud) of theflowering top of the 

plant. 

A. Procedures to sample all lots: 

1. Sampling all lots [990.3 (a) (2) i-iii]: 

 The standard sampling method must be used by all producers, except for producers operating under 

a State or Tribal plan that includes a performance-based sampling requirement. 

 Every lot and every single growing location must be sampled and tested. 

The DoAg or its appointed state agents will conduct all sampling of industrial hemp. The DoAg will 

schedule with the registered grower a time for the division or an authorized representative of the division 

to conduct pre-harvest sample collections. 11 AAC 40.275 

The DoAg collects and retains control of all samples until submitted to an accredited approved Laboratory. 

Sampling protocols have been developed by program staff which meet the USDA testing requirements. 

(See Attachment C) 

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B. Procedures on sampling agents: 

 Procedures to conduct sampling and testing within 30 days prior to the anticipated harvest date; 

samples must be collected by a sampling agent producers may not collectsamples from their own 

growing facilities. [990.3 (a) (2) (i)] 

A registered grower shall inform the division by mail or electronic mail of a projected harvest date for an 

industrial hemp crop at least thirty calendar days prior to the projected harvest. 11 AAC 40.265 

 Procedures for collecting samples from the flowering tops of plants. [990.3 (a) (2) (ii)] 

DoAg employees or agents will collect samples in compliance with federal and state regulations. 

This sampling will be which shall be approximately 12 inches in length from the “main stem” (that 

includes the leaves and flowers), “terminal bud” (that occurs at the end of a stem), or “central cola”(cut 

stem that could develop into a bud) even if the harvest lot is not is flower. 

 Procedures to ensure the sampling method used represents a homogenous composition ofthe lot. 

[990.3 (a) (2) (iii)] 

DoAg employees and agents are trained in obtaining statistically valid collection techniques. Depending 

on the area of the registered production, total quantity of samples will vary, but each sample will represent 

a homogenous composition of each unit being sampled. 

 Procedure/statement/allowance to require the producer or an authorized representative ofthe 

producer to be present at the growing site during sample collection. [990.3 (a) (2) (iv)] 

The registrant or the registrant’s agent shall be present at the grow site during sample collection by the 

division or may waive in writing the right to be present. The registrant will provide to the division 

complete access to all hemp, whether growing or stored, and all structures and locations listed on the 

registrant’s application. 11 AAC 40.275 

 Procedures to allow for representatives of the sampling agency to have complete and unrestricted 

access during business hours to all hemp and other cannabis plants and allland, buildings, etc. used 

for cultivation, handling, and storage. [990.3 (a) (2) (v)] 

The registrant will provide to the division complete access to all hemp, whether growing or stored, and all 

structures and locations listed on the registrant’s application. 11 AAC 40.275 

 Procedures to ensure that a producer does not harvest any cannabis prior to samples being taken. 

[990.3 (a) (2) (vi)] 

As noted, Alaska’s regulations required a 30 day notice prior to harvest of any industrial hemp. Failure

follow directives of the DoAg can result in revocation of the grow registration, destruction of any 

industrial hemp harvested without authorization, and other civil and/or criminal penalties as prescribed by 

law. In addition to other remedies provided under 11 AAC 40.800, the division may also elect to 

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immediately quarantine industrial hemp if the division or an authorized representative of the division 

finds after investigation that a registered producer has violated any section of State regulation. 

 Procedures to ensure sampling agents are trained using USDA, state, or tribal training and the 

information is maintained by the state or tribal government. [990.3 (a) (2) (vii)] 

As the DoAg or authorized state agents collect all samples of Industrial Hemp, Alaska’s agents will have

state training and supervision. 

C. Procedures on testing: 

 Provides a definition for “acceptable hemp THC level.” [990.1] 

All industrial hemp grown in the State of Alaska shall be tested by the division or an authorized testing 

facility for delta-9 THC, and must test at or below 0.3 percent. 11 AAC 40.630. 

The division will notify the registered processor in writing of test results: 

For products with test results greater than 0.3 percent delta-9-THC but not greater than 1.0 percent 

delta-9-THC, the division will issue a notice of violation. 

If the sample taken from a batch is greater than 1.0 percent delta-9-THC, the division will issue a 

notice of violation and order the destruction of the batch and products derived from the batch. 11 AAC 

40.325. 

 Procedures to require testing for delta-9 THC concentration. The procedures must require accurate 

identification of the acceptable hemp THC level. Testing methods must include but are not limited to: 

1) Post decarboxylation or other similarly reliable method; 2) Consideration of potential conversion 

of delta-9 THCA into THC and test result measure total available THC (THC + THCA); 3) Use of 

gas or liquid chromatography with detection; 4) Procedures to determine total THC concentration on 

a dry weight basis. [990.3 (a) (3)] 

Testing procedures by the DoAg are established by regulation. See Article 6 of the Industrial Hemp 

regulations attached and incorporated by reference. See also the definitions used by the State of Alaska 

which establish the testing methods and procedures which are following the USDA Industrial Hemp 

testing requirements. 

(15) “decarboxylated” means the completion of the chemical reaction that converts THC-acid into delta-9-

THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a 

conversion formula that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent of THC-acid. 

(16) “delta-9-THC” means delta-9-tetrahydrocannabinol concentration (the primary intoxication 

component of cannabis). 

(17) “delta-9-THC content of not more than 0.3 percent” means delta-9-tetrahydrocannabinol 

concentration or not more than 3,000 parts per million on a dry weight basis. (15) “decarboxylated” means 

the completion of the chemical reaction that converts THC-acid into delta-9-THC, the intoxicating 

component of cannabis. The decarboxylated value is also calculated using a conversion formula that sums 

delta-9-THC and eighty-seven and seven tenths (87.7) percent of THC-acid. 

(61) “THC” means total composite tetrahydrocannabinol, including delata-9-tetrahydrocannaibnol and 

tetrahydrocannabinolic acid. 

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 Procedures to ensure the hemp plant material from one lot not be commingled with hemp plant 

material from other lots. [990.3 (a) (3) (ii)] 

Any industrial hemp produced in State, prior to being offered for compensation or offered without charge 

shall have samples drawn from the entire harvest lot as applicable and submitted to the division or an 

authorized testing facility as one test sample. 11 AAC 40.610 

Any hemp that has failed any required test must be physically separated from all other hemp, shall not be 

transported, and shall not be further processed beyond its harvested form or added to a non-hemp 

product. 11 AAC 40.650 

 Procedures to require hemp testing laboratories to adhere to standards of performance for detecting 

THC concentration, including Measurement of Uncertainty (MU). [990.3 (a)(3) (iii) (A through G)] 

The division will establish a minimum weight, volume, and testing method directly to the designated 

testing facilities to apply those standards, including measurement of uncertainty. After January 1, 2022, 

only testing facilities which can establish and report the Measurement of Uncertainty will be used. 

The division will also establish a standard number of samples required to be included in each batch of 

hemp for every type of test conducted in compliance with 11 AAC 40.630 – 11 AAC 40.640. 

An authorized testing facility shall not accept a sample that is smaller than the standard minimum amount, 

unless the sample was collected by the division, an authorized representative of the division, or a registrant 

pursuant to division written direction. 

 Requirement to only use DEA registered labs after December 31, 2022. [990.3 (a) (3) (iii)(H)] 

DoAg currently selects and provides samples directly to reputable labs that adhere to ISO 17025 standards. 

After December 31, 2022 those labs will be registered with the DEA. If they are not registered and listed 

on the USDA AMS hemp analytical testing laboratories website, they will no longer be used for 

compliance testing. 

 Procedures requiring testing laboratories to report test results to USDA for determining compliance 

with this part. [990.3 (a) (3) (iii) (H) (4)] 

Upon approval of Alaska’s plan, all testing laboratories or DoAg staff will be required to report test results 

to the USDA. 

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3. Plan for disposal procedures 

 Procedures for the disposal or remediation of cannabis plants if the sample representing that plant 

tests above the acceptable hemp THC level. [990.3 (a) (6)] 

DoAg regulations have set requirements for the storage and disposal of industrial hemp waste, including 

non-compliant plant materials: 

a) a registrant shall store, manage, and dispose of any solid or liquid waste, including wastewater 

generated during industrial hemp production in compliance with applicable federal, state, and local 

statutes, ordinances, regulations, and other law. 

b) Disposal must be conducted in a manner consistent with federal, state and local laws, regulations, rules 

and other requirements. This may include, but is not limited to, the disposal of pesticides or agricultural 

chemicals used in production. 

c) Industrial hemp waste must be made unusable for any purpose for which it was grown or produced and 

unrecognizable prior to leaving the registered premises. Industrial Hemp waste includes: 

(1) industrial hemp plant waste, including stalks, leaves, stem, and flowers. 

(d) Industrial hemp may be made unusable and unrecognizable through mowing, grinding, or compacting 

the hemp or hemp product and incorporating the industrial hemp or industrial hemp product with at least 

an equal amount of other compostable or non-compostable materials listed below, such that the resulting 

mixture cannot be easily separated and sorted: 

(1) food waste; 

(2) yard waste; 

(3) vegetable-based grease or oils; 

(4) paper waste; 

(5) cardboard waste; 

(6) plastic waste; 

(7) oil; 

(8) soil, or 

(9) other wastes approved by the division or a representative of the division that will render 

the industrial hemp or industrial hemp products unusable and unrecognizable. 

(f) A registrant shall give notice to the division, on a form prescribed by the division, of the disposal of the 

industrial hemp within ten business days of disposal. 

(g) If industrial hemp found by or surrendered to a peace officer, the officer may dispose of the industrial 

hemp or industrial hemp products as outlined in this section or by any method allowed under any 

applicable local ordinance. 

(h) Notwithstanding paragraph c of this section, a registrant may request written authorization from the 

division to utilize industrial hemp waste, such as spent floral material, for another purpose. 

11 AAC 40.665 

 Procedures to notify USDA of non-compliant plants and disposal of those plants from the lot where 

representative samples were taken. Test results must be included. [990.3 (a) (6)] 

The DoAg has not tested any plants that exceeded the .3 percent delta-9-THC levels limits during the last 

two years of the pilot program. After approval of the State’s plan, if any non-compliant plants are 

identified, after the conclusion of enforcement actions, the DoAg will notify the USDA of the actions 

taken, including the test results and destruction report. Quarterly reporting of industry status changes is 

discussed in (1). 

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4. Plan for remediation procedures 

 Procedures to ensure effective disposal or remediation of plants produced in violation of part 990; 

only those successfully remediated crops will be allowed to enter the stream of commerce, and all 

other remaining non-compliant crops must then be disposed. [990 (a) (6) (i - iii); 990 E. Disposal and 

Remediation of Non-Compliant Plants] 

Future remediation regulations will follow USDA requirements. Otherwise, all production produced in 

violation of part 990 will be destroyed under the supervision of the DofAg. 

5. Plan for inspection procedures 

 Procedure for conducting annual inspections of random sample of licensed producers toverify that 

hemp is not produced in violation of this part. [990.3 (a) (7)] 

All industrial hemp producers will be inspected twice annually. 

Further, during the usual hours of a business, or at any time if the division determines there is an 

immediate threat to the health or safety of the general public, enter and inspect premises where industrial 

hemp are produced, handled, stored, dried or transported. 11 AAC 40.800 

6. Plan for collection of information 

 Procedure for submitting the information described in 990.70 to the Secretary not more than 30 

days after the date on which the information is received. [990.3 (a) (8)] 

The DoAg staff will report all required information to the USDA using the HeMP program, as necessary. 

 Procedure for producers licensed under state and tribal government plans to share information with 

USDA, Agricultural Marketing Service (AMS), and Farm Service Agency (FSA) including: 1) hemp 

crop acreage; 2) reporting total acreage of hemp planted, harvested, and disposed; 3) license or 

authorization number; 4) street address; 5)geospatial location(s) of each lot or greenhouse where 

hemp will be produced; 6) acreageof greenhouse or indoor square footage dedicated to the production 

of hemp. [990.3 (a) (10) and 990.7] 

The DoAg will provide the information to the USDA AMS on behalf of all producers. The State will 

inform registered producers at the time of application that they must also provide the above information 

1-6 to the local FSA office within Alaska. 

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7. Plan to comply with enforcement procedures 

 Procedures to contain provisions relating to negligent producer violations as defined under this part; 

producers shall not receive more than one negligent violation per growing season. [990.6 (b)] 

 Provides for corrective action plan for negligent violations: 1) failure to provide legal description 

of land; 2) failure to obtain a license; 3) produces cannabis with THC exceeding 1.0 percent. 

[990.6 (b)] 

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. 11 AAC 40.235 

A registered grower must submit to the division, by mail or electronic mail, a planting report on a 

form prescribed by the division, no later than 20 days after seeding, direct sowing, or replanting of 

hemp seeds and propagules. 11 AAC 40.250 

If a sample tests in excess of 1.0 percent delta-9-THC levels, the division will issue a notice of 

violation, order the destruction of the harvest lot in compliance with 11 AAC 40.565, and notify the 

Department of Public Safety and the Marijuana Control Board of the notice of violation. 11 AAC 

40.290 and the USDA AMS hemp program. 

Under 11 AAC 40.800, the division may also elect to immediately quarantine industrial hemp in the 

following circumstances: 

(1) the division or an authorized representative of the division finds after investigation that a registered 

grower has violated this chapter; 

(2) the hemp produced by a person not registered with the Alaska Industrial Hemp Pilot Program or a 

person not registered or licensed with an industrial hemp pilot program created in accordance with section 

7606 of the Agricultural Improvement Act of 2014 (7 U.S.C. § 5940). 

The division may temporarily suspend a permit or registration issued under this chapter for up to 60 days if 

registrant is alleged to have: 

(1) violated any provision of AS 03.05.010, AS 03.05.076 – AS 03.05.079 or this chapter; 

(2) made any false statement to the division or the division’s representatives; 

(3) failed to comply with any agreement signed by the registrant or permittee at the time 

the registration or permit was issued; 

(4) failed to comply with any orders of the division to enforce this chapter; or 

(5) failed to pay any fines issued in connection with notices of violation. 11 AAC 40.810 

 Procedures to provide for the correction of negligent violations: 1) a reasonable date to correct the 

violation; 2) reporting requirements for 2 years from date of the negligent violation; 3) violations 

are not subject to federal, state, tribal, or local government criminal enforcement action; 4) provides 

that a negligent violation 3 times within a 5- year period is ineligible to produce hemp for a period 

of 5 years from the date of the 3rd violation; 5) state or tribal government shall conduct inspections 

to determine if corrective action plan has been implemented. [990.6 (c)] 

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All violations of the Industrial Hemp Statute now require the DoAg to issue a citation to the violator. 

See AS 03.07.076 

In addition to temporary suspension, the division may revoke a registration, permit, or endorsement and 

prohibit participation in the industrial hemp pilot program for a period of up to five years if the registrant: 

(1) has planted, grown, cultivated, or replicated industrial hemp seeds or propagules from a 

hemp plant of wild, landrace, or unknown origination without advance written approval from the division; 

(2) has harvested industrial hemp without a harvest report and pre-harvest sample taken by 

the division, without advance written approval of the division; 

(3) as ordered, failed to destroy a harvest lot the sample of which has tested at greater than 

1.0 percent delta-9-THC; 

(6) fails to submit any report required under this chapter; or 

(7) violates this chapter three separate occasions in a one-year period. 

11 AAC 40.820 

The DoAg does not have criminal jurisdiction and all actions taken will be in civil court. The DoAg 

will notify law enforcement when acts of a negligent or criminal nature are observed. 

As described earlier in the plan, the DoAg has complete oversite and control over all production of any 

industrial hemp within the state. 

 Procedures for producer violations made with a culpable mental state greater than negligence: 

Producer shall be reported to the U.S. Attorney General and the chief law enforcement officer of 

the state or tribal government. [990.6 (d)] 

All producer violations will be reported to the Alaska Attorney General. Other actions made with a 

“culpable mental state greater than negligence” will be reported to the US Attorney General by the 

DoAg legal counsel. 

 Procedures for addressing felonies: 1) provides for a 10-year ineligibility restriction for persons with 

a State or Felony conviction relating to a controlled substance; 2) provides for controlled substance 

felony conviction exception for participants in state hemp pilot program authorized under the 2014 

Agricultural Act before December 20, 2018; 3) procedures for business entities to determine which 

participants are considered to be “key” or have executive managerial control. [990.6 (e)]

Industrial hemp is an agricultural crop in the state. An individual who produces industrial hemp shall apply 

to the department for registration under this section. Registration is valid for one year but may be renewed. 

An application for registration or renewal must be on a form prescribed by the department that include 

1) the name and address of the applicant; 

(2) the address and global positioning system coordinates of the area to be used for the production 

of industrial hemp; and(3) a signed statement by the applicant, made under the penalty of perjury, 

affirming that the applicant (A) has not been convicted of a felony related to a controlled substance in this 

or another jurisdiction within the 10 years immediately preceding the date of application; or (B) was 

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12/28/2021

("'{J DocuSigned by: 

______________________________ ~~ 

lawfully growing hemp before December 20, 2018, and was not convicted of a felony related to a 

controlled substance in this or another jurisdiction after that date. 

 Procedures stating that any persons who materially falsify any information in their application 

shall be deemed ineligible to participate in the program. [990.6 (f)] 

The division will deny an application for a new registration if the division finds 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 registration if the division finds: 

(1) that an applicant is not responsive to a request for additional information. 

(2) a renewal application for a registration is not postmarked or received by the division no later 

than December 15th of the calendar year prior to the registration term as required under 11 AAC 40.060(a); 

(3) a registration has been suspended or revoked under 11 AAC 40.830; or 

(4) any action taken under 11 AAC 40.800 prohibits renewal of the registration. 

If the division denies an application, the division will furnish a written statement to the applicant, 

explaining the reasons for the denial. 

The DoAg is drafting an update to regulations. Changes will include restrictions on felony 

convictions by program participants. Until said time the regulations are in place, the DoAg will 

use our statutory authority to assure the Division operates within all USDA guidelines. 

8. Certification that the state or tribal government (whichever applicable) has resources and 

personnel to carry out required Farm Bill practices and procedures. [990.3 (a) (9)] 

I, David W. Schade, Director of the Alaska Division of Agriculture hereby certify that the state of Alaska 

has the Statutory Authority under AS 03.07.076 (f) to develop an industrial hemp program that complies 

(or will comply with authorized changes to state regulation) with federal requirements and may submit a 

program plan to the United States Department of Agriculture for approval. 

I also hereby certify that Governor Mike Dunleavy and the Alaska State Legislature have allocated 

adequate resources and the personnel necessary to carry out the practices and procedures described in 

Alaska’s Industrial Hemp Plan pursuant to Section 297B(a)2(A)(i-vii) of the Agriculture Improvement Act 

of 2018, as implemented in the Hemp Interim Final Rule (7 CFR Part 990: Establishment of a Domestic 

Hemp Production Program). 

David W. Schade, MPA 

Director 

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9. Plan may include other practices or procedures as long as consistent with this part and the Act. 

Plan may include requirements more stringent than this part or the Act. [990.3 (a) (10) (b) (1) 

and (2)] 

Alaska’s permanent Industrial Hemp program will follow or exceed the minimum requirements of 

the USDA Industrial Hemp Regulations. Alaska will operate the industrial hemp program 

according to the statutes and regulations adopted by the State and Department of Natural 

Resources. 

Alaska also regulates the processing and retail sales of Industrial Hemp products, and requires 

additional regulation of sites, testing of industrial hemp products, etc. as the Alaska’s program 

primary goal is to assure public safety. These regulations are incorporated by reference and will 

be used to operate Alaska’s program until updated permanent program regulations can be 

promulgated. See attachment A. 

License Numbering Schemes for State and Tribal Hemp Production Plans States must use the 

following format when assigning license or authorization numbers: 

[ANSI/FIPS State Code_State License #] 

Alaska Code is 2, and will be added to Alaska’s numbering scheme so that the reporting complies with the 

Federal regulations. 

Attachment A: Alaska Industrial Pilot Program Regulations 

Attachment B: Enrolled CSSB27 (Resources) Chapter 32 SLA 21 

Attachment C: Industrial Hemp Sampling SOP 

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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE 

Electronic Record and Signature Disclosure created on: 3/31/2020 10:41:05 PM

Parties agreed to: David Schade, David W. Schade

Please read this Electronic Records and Signature Disclosure (ERSD). It concerns your rights 

regarding electronically undertaking, and the conditions under which you and the State of Alaska 

agree to electronically undertake, the transaction to which it relates (the “TRANSACTION”).

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You can electronically undertake the TRANSACTION only if you confirm that you meet the 

following requirements by selecting the box next to “I agree to use electronic records and 

signature” (the “AGREE BOX”):

1. you can fully access and have read this ERSD; 

2. you can fully access all of the information in the other TRANSACTION records; 

3. you can retain all of the TRANSACTION records in a form that you will be able to fully 

access for later reference; 

4. you consent to undertake the TRANSACTION electronically; and 

5. you are authorized to undertake the TRANSACTION. (Please note that falsely 

undertaking the TRANSACTION may subject you to civil liabilities and penalties and/or 

to criminal penalties.) 

If you cannot or are not willing to confirm each of these five things, do not select the AGREE 

BOX. 

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TRANSACTION at any time before you complete the TRANSACTION: simply do not finalize 

it. The only consequence of withdrawing your consent is that you will not finalize the 

TRANSACTION. 

If you select the AGREE BOX, your consent will apply only to this TRANSACTION. You must 

separately consent to electronically undertake any other transaction with the State of Alaska. 

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You may undertake the TRANSACTION with the State of Alaska using paper records. (State of 

Alaska employees who want to undertake the TRANSACTION in paper should contact the 

agency responsible for the TRANSACTION.) Print the paper records on the website of the State 

of Alaska agency responsible for the TRANSACTION, or request them from the agency. The 

State of Alaska homepage is at http://alaska.gov/. 

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download the TRANSACTION records. Or you can download the records within 30 days after 
completing the TRANSACTION using the link in the DocuSign email sent to the email address 

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the TRANSACTION records as part of the TRANSACTION. Under the Alaska Public Records 

Act (APRA), AS 40.25.100–.295, you can request a copy from the agency responsible for the 

TRANSACTION, but if too much time has passed, the agency may no longer have the records 

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requirements may change. In addition, you need access to an email account. 

How to Contact the State of Alaska 

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TRANSACTION or on using DocuSign to electronically undertake the TRANSACTION, 

contact the Alaska Department of Administration at either of the following addresses: 

State of Alaska 

Department of Administration 

550 West 7th Avenue 

Suite 1970 

Anchorage, AK 99501 

Reference: DocuSign 

doa.commissioner@alaska.gov 

Subject: DocuSign 

To ask any other question on the TRANSACTION records or to update the information for 

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TRANSACTION using the contact information in the TRANSACTION records or, if those 

records contain no contact information, using the contact information on the agency’s website. 

Again, the State of Alaska homepage is at http://alaska.gov/. 
Kevin Meyer 

Lieutenant Governor 530 West 7th Ave, Suite 1700 

State Capitol Anchorage, Alaska 9950 I 

Juneau, Alaska 99811 907.269.7460 

907.465.3520 L T.GOVERNOR@ALASKA.GOV 

WWW.L TGOV.ALASKA.GOV 

OFFICE OF THE LIEUTENANT GOVERNOR 

ALASKA 

MEMORANDUM 

TO: Mary Kay Ryckman 

Department of Natural Resources 

FROM: April Simpson, Office of the Lieutenant Governor 1⁄4.rJ 

465.4081 ~ 

DATE: March 5, 2020 

RE: Filed Permanent Regulations: Department of Natural Resources 

Department of Natural Resources regulations re: growing, harvest, processing, 

endorsement, and retail sale of industrial hemp and industrial hemp and industrial help 

products (11 AAC 40) 

Attorney General File: 2019200330 

Regulation Filed: 3/5/2020 

Effective Date: 4/4/2020 

Print: 234, July 2020 

cc with enclosures: Harry Hale, Department of Law 

Judy Herndon, LexisNexis 
ORDER ADOPTING CHANGES TO REGULATIONS 

OF THE DEPARTMENT OF NATURAL RESOURCES 

The attached 72 pages of regulations, dealing with industrial hemp, are adopted and certified to 

be a correct copy of the regulation changes that the Department of Natural Resources adopts 

under the authority of AS 03.05 and after compliance with the Administrative Procedure Act 

(AS 44.62), specifically including notice under AS 44.62.190 and 44.62.200 and opportunity for 

public comment under AS 44.62.210. 

This action is not expected to require an increased appropriation. 

In considering public comments, the Department of Natural Resources paid special attention to 

the cost to private persons of the regulatory action being taken. 

The regulation changes adopted under this order take effect on the 30th day after they have been 

filed by the lieutenant governor, as provided in AS 44.62.180. 

Date: 

FILING CERTIFICATION 

I, Kevin Meyer, Lieutenant Governor for the State of Alaska, certify that on 

/)1 j'-\ (,; b, .,ti,..._ ,2020, at ~ 1., I filed the attached regulations according to the 

provisions of AS 44.62.040 - 44.62.120. 

Kevin Meyer, Lieutenant Governor 

Effective: -&r,~\t\.,?JJW . 

Register: 234 l::fl)''J 2o7P• 
RegisterZJ1, 2020 NATURAL RESOURCES 

11 AAC is amended by adding a new chapter to Part 4 to read: 

Chapter 40. Industrial Hemp. 

Article 

1. Purpose; Registration; Application; Procedures for Approval; Denials; Modification; Fees 

(11 AAC 40.010 - 11 AAC 40.100) 

2. Grower Registration (11 AAC 40.200 - 11 AAC 40.295) 

3. Processor Registration (11 AAC 40.300 - 11 AAC 40.335) 

4. Hemp Product Endorsement and Labeling (11 AAC 40.400 - 11 AAC 40.420) 

5. Retailer Registration (11 AAC 40.500 - 11 AAC 40.530) 

6. Sampling, Testing, Quarantines, and Destruction (11 AAC 40.600 - 11 AAC 40.665) 

7. Requirements Common to All Registrations (11 AAC 40.700 - 11 AAC 40.710) 

8. Enforcement; Appeals (11 AAC 40.800 - 11 AAC 40.830) 

9. General Provisions (11 AAC 40.910) 

Article 1. Purpose; Registration; Application; Procedures for Approval; Denials; 

Modification; Fees. 

Section 

10. Purpose 

20. Registration required 

30. Registration restrictions 

40. Original registration term, renewals, and submission dates 

50. Application for new registration 
Register 23'-f, 2020 NATURAL RESOURCES 

60. Application for renewal of registration 

70. Procedure for action on applications and endorsements 

80. Denial ofregistration application and renewal application 

90. Modification ofregistration 

100. Fee schedule 

11 AAC 40.010. Purpose. (a) Industrial hemp, including a product derived from 

industrial hemp, is an agricultural crop subject to regulation by the division. 

(b) The purposes ofthis chapter are to 

(1) promote the research of and study methods for the growth, cultivation, and 

marketing ofindustrial hemp; and 

(2) regulate the production ofindustrial hemp and industrial hemp products 

consistent with public health and safety. (Eff !iJ!l_;luzo , Register 2l1J 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.030 AS 03.05.076 AS 03.05.100 

11 AAC 40.020. Registration required. (a) A person may not produce industrial hemp 

in the state unless the person has obtained an industrial hemp registration from the division to 

participate in the Alaska Industrial Hemp Pilot Program. The division will issue the following 

classes ofindustrial hemp registrations for participation in the program under this chapter: 

(1) an industrial hemp grower registration; 

(2) an industrial hemp processor registration; and 

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Registerlri :IuJ.;. 2020 NATURAL RESOURCES 

(3) an industrial hemp retailer registration. 

(b) A person may hold a single registration or any combination of classes of 

registrations. (Eff. !i_;!L}'loio Register ~ 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.078 

AS 03.05.076 

11 AAC 40.030. Registration restrictions. A registration may be held by an individual 

at least 18 years of age or a business entity that is in good standing within the state and other 

ju1isdictions, as applicable. (Eff. E_/__1._/2olb,Regi ter ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.090 

AS 03.05.030 AS 03.05.077 

11 AAC 40.040. Original registration term, renewals, and submission dates. (a) 

Except as set out in 11 AAC 40.060, an industrial hemp registration is valid from the date it is 

issued until January 1 ofthe following year. 

(b) An industrial hemp registration may be renewed for unlimited, additional one-year 

terms. (Eff. ±J_;_±L_l'ZolD Register~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.050. Application for new registration. (a) An applicant for registration in 

the Alaska Industrial Hemp Pilot Program must file an application on a form that the division 

prescribes. 

3 
Register Z~~, 2020 NATURAL RESOURCES 

(b) An application for a new industrial hemp registration must include 

(1) the full legal name of the applicant; if the applicant is a business entity, the 

application must contain 

(A) the name of the business entity, including its designation as 

corporation, partnership, association, limited liability company, or other permissible 

business formation; 

(B) the names ofits officers, members, and partners, as applicable; 

(C) proof that the business entity is authorized by and in good standing 

with the state, and other jurisdictions, as applicable; and 

(D) documentation validating the authority of the signatory to bind the 

entity; 

(2) the business name the applicant will use for its industrial hemp operations, 

along with any applicable business licenses issued under AS 43.70; 

(3) the physical address of the applicant; 

(4) the mailing address and an electronic mailing address of the applicant; and 

(5) the address, GPS coordinates, and a map of the area to be used to produce, 

process, or offer, with or without compensation, to a consumer industrial hemp. 

(c) An application for registration in the Alaska Industrial Hemp Pilot Program must be 

signed by 

(1) the applicant, if the applicant is an individual; or 

(2) an authorized representative of a business entity, ifthe applicant is a business 

entity. 

4 
Regi ter ~ 2020 NATURAL RESOURCES 

(d) Each signatory to an application for an industrial hemp registration must declare 

under penalty of unsworn falsification that 

(1) the application is true, correct, and complete; 

(2) the signatory has authority to bind the applicant; and 

(3) the applicant has read and is familiar with AS 03.05.010, 

03.05.076 - 03.05.100, and this chapter. 

(e) The completed application and fees may be filed electronically, mailed, or handdelivered to the division. 

(f) All fees, including non-refundable application fees, registration fees, and, if 

applicable, industrial hemp product endorsement fees set out in 11 AAC 40.100 must be paid at 

the time of submittal of an application. 

(g) If an applicant applies for more than one class ofregistration, a separate application 

and all required fees must be submitted for each class ofregistration. (Eff. !:1__j~1J;x.l.) , 

Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.060. Application for renewal of registration. (a) An application for 

renewal of an industrial hemp registration must be filed on a form that the division prescribes, 

with the information and documents described in this section. A renewal application for a 

registration must be postmarked or received by the division not later than December 15 ofthe 

calendar year before the registration term. 

(b) An industrial hemp renewal application must 

5 
Register 2_tl 2020 NATURAL RESOURCES 

(1) identify the class of registration to be renewed; 

(2) provide detail of any change of information set out in 11 AAC 40.050(b) on 

the original application; and 

(3) report for each registration held by the applicant any notice of violation that 

has been issued under this chapter. 

(c) Until the division makes a decision on a timely filed renewal application, the prior 

year registration remains valid after January 1. 

(d) Each signatory to a renewal application for an industrial hemp registration must 

declare under penalty of unswom falsification that 

(1) the renewal application is true, correct, and complete; 

(2) the signatory has authority to bind the applicant; and 

(3) the applicant has read and is familiar with AS 03.05.010, 

03.05.076 - 03.05.100, and this chapter. 

(e) All fees, including non-refundable application fees, registration fees, and, if 

applicable, industrial hemp product endorsement fees set out in 11 AAC 40.100 must be paid at 

the time of submittal of a renewal application. 

(f) If an applicant applies for renewal ofmore than one class ofregistration, a separate 

application and all required fees must be submitted for each class of registration. (Eff. 

.!iJ.E..../ 'loZ.O , Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.070. Procedure for action on applications and endorsements. (a) The 

6 
Register lli_ 1dl3 2020 NATURAL RESOURCES 

division will make a determination as to the completeness ofthe 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 than 30 days after receipt ofthe request, an applicant must submit any 

additional information requested by the division. 

(c) Upon a determination ofthe receipt of all requested additional information, the 

division will notify each applicant in writing that the application is complete. 

(d) The division will grant or deny an application for registration or endorsement subject 

to 11 AAC 40.400 - 11 AAC 40.420 not later than 60 business days after sending an applicant 

written notice that the application is complete. (Eff. 4 I!:LJ?,,o?.o Register lli.) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.080. Denial of registration application and renewal application. (a) The 

division will deny an application for a new registration ifthe 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 registration ifthe division finds 

that 

(1) an applicant is not responsive to a request for additional information; 

(2) a renewal application for a registration is not postmarked or received by the 

division not later than December 15 ofthe calendar year before the registration term as required 

under 11 AAC 40.060(a); 

7 
Register 23'-I, 2020 NATURAL RESOURCES 

(3) a registration has been suspended or revoked under 11 AAC 40.830; or 

(4) any action taken under 11 AAC 40.800 prohibits renewal ofthe registration. 

(c) Ifthe division denies an application, the division will furnish a written statement to 

the applicant, explaining the reasons for the denial. 

(d) The aggrieved applicant may appeal the denial in compliance with 11 AAC 40.830. 

(Eff. _1_;__1J 'low, Regi ter ~ 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.090 

AS 03.05.076 AS 03.05.079 

11 AAC 40.090. Modification of registration. (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 

modified to transfer the registration to an authorized transferee. The applicant for a modification 

must provide information required under 11 AAC 40.050(b)(l) - (4) and make the declarations 

required under 11 AAC 40.050(d). Modification requests under this subsection shall be filed 

with the division not later than 60 calendar days after the death, incapacity, or dissolution of the 

original registrant. 

(c) Ifthe request is to change the site of operations, the registrant must file a 

modification request that provides the information for the replacement sites specified in 11 AAC 

40.050(b)(5). Site modifications for new locations must comply with all land use restrictions 

established in 11 AAC 40.240. 

8 
Register 234 , 2020 A TURAL RESOURCES 

(d) Any registrant may submit multiple registration modification requests, but separate 

fees are required for each requested modification. 

(e) Each registrant shall comply with the all tenns ofthe original registration, until the 

division approves the modification request in writing. (Eff. ti !4 !ZoZo, Register Z~c.J ) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.100. Fee schedule. The division will charge fees as follows: 

(1) non-refundable application fee for a registration: $ 100; 

(2) non-refundable application fee for a renewal registration: $50; 

(3) annual registration fee for a grower: $200; 

(4) annual registration fee for a processor that creates a product not intended for 

human or animal consumption: $250; 

(5) annual registration fee for a processor that creates a product intended for 

human or animal consumption: $750; 

(6) annual registration fee for a retailer: $300; 

(7) endorsement fee for each industrial hemp product subject to 11 AAC 40.400 -

11 AAC 40.420: $100; 

(8) transportation pennit issued under 11 AAC 40. 710: $50; 

(9) modification of product endorsement: $100; 

(10) modification ofregistration: $50; 

(11) sampling fee under 11 AAC 40.275(e) and 11 AAC 40.290(b) for the 

division or the division's representative to collect samples from harvest of industrial hemp: $200; 

9 
Register z.31 2020 NATURAL RESOURCES 

(12) testing of seeds of wild, landrace, or unknown origin under 11 AAC 40.220: 

$ 1 200. (Eff. !:/__l!:/__/2o2'J , Regi ter t.3'-1) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

Article 2. Grower Registration. 

Section 

200. Grower registration required 

205. Grower registration, privileges, and prohibited acts 

210. Authorized seed and propagules 

215. Compliance with plant health and quarantine regulations 

220. Seeds or propagules of wild, landrace, or unknown origin 

225. Industrial hemp propagules 

230. Documentation of seed and propagule source and distribution 

235. Grow areas 

240. Land use restrictions 

245. Signage 

250. Planting reports 

255. Pesticides 

260. Testing 

265. Initial pre-harvest report 

270. Division response 

275. Pre-harvest testing 

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Register ~ ' ~ 2020 NATURAL RESOURCES 

280. Post-harvest testing 

285. Sampling and harvesting ofindustrial hemp within delta-9-THC limitations 

290. Sample results in excess of delta-9-THC limitations 

295. Post-harvest reports 

11 AAC 40.200. Grower registration required. 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. (Eff. 

.!iJ!i_}Zou, Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.205. Grower registration, privileges, and prohibited acts. (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 the hemp has been sampled and tested by the division to prove that the 

raw hemp contains less than 0.3 percent delta-9-THC; 

(4) receive compensation for raw industrial hemp from persons who are not 

required to be registered by this chapter, including consumers in the state, if the hemp will not be 

further processed and the lot ofindustrial hemp from which it is sourced has been sampled and 

tested by the division to prove that the raw hemp contains less than 0.3 percent delta-9-THC; 

11 
Register2~4 , 2020 NATURAL RESOURCES 

(5) provide samples ofindustrial hemp to the division or testing facility 

authorized by the division; 

(6) conduct in-house testing; 

(7) store industrial hemp at the locations identified in the application for 

registration; and 

(8) transport industrial hemp in compliance with 11 AAC 40. 710. 

(b) A registered grower may not 

(1) purposefully grow any cannabis that is not industrial hemp unless the grower 

also holds a marijuana cultivation facility license issued under 3 AAC 306; 

(2) grow industrial hemp in a structure used primarily for a residential purpose; 

(3) store or handle leaf or floral materials from industrial hemp in any structure 

that is primarily used for residential purpose; 

(4) process industrial hemp without a processor registration; 

(5) receive compensation for processed industrial hemp or industrial hemp 

products without an industrial hemp retailer registration. (Eff. ~±J.__l2oZu Regi ter Z~~ ) 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.090 

AS 03.05.076 AS 03.05.079 

11 AAC 40.210. Authorized seed and propagules. (a) The division will publish and 

update on an annual basis a list of accepted and prohibited varieties ofindustrial hemp seed or 

propagules. 

(b) In addition to seeds and propagules received as an approved variety, a registered 

12 
Register zgq 2020 NATURAL RESOURCES 

grower may 

(1) grow approved varieties of industrial hemp seeds or propagules received from 

registered growers in the Alaska Industrial Hemp Pilot Program, without written approval from 

the division; 

(2) grow varieties ofindustrial hemp seeds or propagules received from out-ofstate sources, after the division approves the use in writing; in order to approve the out-of-state 

sources, the division will use the same analyses and testing used for inclusion on the qualified 

list; 

(3) acquire, but may not grow wild, landrace, or seeds of unknown origin until 

the division has grown and sampled the seeds in accordance with 11 AAC 40.220 and the 

division concludes the seed is not a prohibited variety. 

(c) A registered grower may not acquire or grow industrial hemp seeds or propagules 

that are on the division's prohibited vari eties list. (Eff. !Lf!i_/Zc1-o, Register 111) 

Authority: AS 03.05.010 AS 03.05.076 AS 03 .05.077 

11 AAC 40.215. Compliance with plant health and quarantine regulations. (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 are 

offered for sale or acquisition in quantities less than one pound are exempt from the provisions of 

11 AAC 34 but are sold or acquired at the purchaser's risk. (Eff. _±:j_/_±/_I 2ulo, Register ~ 

13 
Register m, 2020 NATURAL RESOURCES 

Authority: AS 03.05.010 AS 03.05.040 AS 03.05.076 

AS 03.05.027 AS 03.05.050 AS 03.05.077 

AS 03.05.030 

11 AAC 40.220. Seeds or propagules of wild, landrace, or unknown origin. (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, industrial hemp 

seeds or propagules subject to this section must first be grown and tested by the division after the 

registrant pays the fee established under 11 AAC 40.100(12). A registrant must coordinate with 

the division for the division's receipt of the seeds or propagules and arrange for replication and 

testing ofmature plants grown from those seeds or propagules. 

(c) Following replication and testing ofmature plants from industrial hemp seeds or 

propagules subject to this section, the division will notify the registrant whether the matured 

plants have passed required testing described in 11 AAC 40.600 - 11 AAC 40.665 and will 

approve or deny in writing the registrant's further use ofthe seeds or propagules, based on the 

results oftesting. (Eff. _!j_j!i.J2o1o, Register ~ 

Authority: AS 03.05.010 AS 03.05.040 AS 03.05.076 

AS 03.05.027 AS 03.05.050 AS 03.05.077 

AS 03.05.030 

14 
Register V,'f, 2020 NATURAL RESOURCES 

11 AAC 40.225. Industrial hemp propagules. (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 for compliance with 

11 AAC 34. Any propagule received by the division that fails to comply with all applicable 

regulations will be destroyed by the division with written notice to the registrant. 

(c) The division will arrange for pickup of or ship the industrial hemp propagules that 

passed division inspection to the registered grower at the registrant's expense. (Eff. 

t-f I_:J____11.o'lo , Register ~ 

Authority: AS 03.05.010 AS 03.05.040 AS 03.05.076 

AS 03.05.027 AS 03.05.050 AS 03.05.077 

AS 03.05.030 

11 AAC 40.230. Documentation of seed and propagule source and distribution. (a) 

A registered grower must document all sources ofindustrial hemp seeds and propagules and the 

registrant's distribution ofthose seeds and propagules. 

(b) The documentation must contain 

(1) the name ofthe person from whom the seeds or propagules were acquired; 

(2) proof that the person identified in (1) ofthis subsection is either 

(A) a registered grower with the Alaska Industrial Hemp Pilot Program; 

(B) a source registered or licensed with a different industrial hemp pilot 

program operating in accordance with 7 U.S.C. 5940 (sec. 7606 ofthe Agricultural 

15 
Register Z~'i, 2020 NATURAL RESOURCES 

Improvement Act of 2014) or a United States Department ofAgriculture approved 

industrial hemp program authorized under 7 U.S.C. 1639p (sec. 10113 of the Agricultural 

Improvement Act of 2018); or 

(C) a lawful international source authorized in writing by the division; 

(3) the date of acquisition; 

(4) if applicable, identification of any trademark, patent, or other proof of 

intellectual property for the seeds or propagules; and 

(5) identification of all registered growers or other persons to whom the registrant 

distributed the seeds or propagules. 

(b) A registered grower shall keep and maintain records required by this section for a 

period ofthree years from the date of acquisition or distribution of the seed or propagule. 

(c) A registered grower must provide documents required by this section to the division 

upon request. (Eff. !LJ'ZDZD , Register Z31) 

Authority: AS 03.05.010 AS 03.05.040 AS 03.05.076 

AS 03.05.027 AS 03.05.050 AS 03.05.077 

AS 03.05.030 

11 AAC 40.235. Grow areas. 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. (Eff. ~1_/-2@ Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

16 
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11 AAC 40.240. Land use restrictions. (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 that plainly distinguishes hemp from another form of 

cannabis. 

(c) Hemp may not be grown in a grow area smaller than one-quarter acre and no fewer 

than 200 plants may be planted in a grow area, unless approved in writing by the division. 

(d) Hemp may not be grown on property owned by or leased from a person who is 

ineligible to participate in the Alaska Industrial Hemp Pilot Program under 11 AAC 40.030 or 

whose registration is suspended or revoked. (Eff Lfi_l'o>'ZI) , Register~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.245. Signage. 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: 

(I) the title, "Alaska Industrial Hemp Pilot Program"; 

(2) the registration holder's registration number; and 

(3) contact information for the Alaska Industrial Hemp Pilot Program in the 

Division of Agriculture. (Eff. ~ IV~ Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

17 
Register 231, 2020 NATURAL RESOURCES 

11 AAC 40.250. Planting reports. (a) Not later than 20 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) Ifthe planting is outdoors, the planting report must contain 

(1) the name of the variety, strain, or cul ti var of seed or propagule planted; 

(2) the field location by cross streets and GPS coordinates; 

(3) a statement ofintended use of crop harvested for each planting; 

(4) the date of planting; 

(5) the total amount ofseed or propagules planted; and 

(6) the total number of acres or square feet planted. 

(c) Ifthe planting is indoors, the planting report must contain 

(1) the name ofthe variety, strain, or cul ti var of seed or propagule planted; 

(2) the indoor production location by street address and GPS coordinates; 

(3) a statement ofintended use of crop harvested for each planting; 

(4) the date of planting; and 

(5) the total amount ofseed or propagules planted. 

(d) Ifno planting has occurred before July 31 of a registered year, a registered grower 

shall withdraw the grower's registration or submit a planting report that designates the dates the 

registered grower intends to plant industrial hemp during the registered year. 

(e) The registrant shall maintain a planting report for a period ofthree years from each 

date of planting. (Eff. JL;!i_/lo?..o Regi ter lliJ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

18 
Register 23~, 2020 NATURAL RESOURCES 

11 AAC 40.255. Pesticides. (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 preplanting interval listed on the pesticide product label. (Eff. _1_;_1_.I Zoit? Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.260. Testing. A registered grower may not harvest industrial hemp until the 

division, or an authorized representative ofthe 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 40.600 - 11 AAC 

40.665, and provided a written statement that the crop is eligible to be moved to market; or 

(2) provided written permission to harvest the lot before sampling or testing; the 

harvest lot must be stored on the registered premises ofthe grower and may not be transferred to 

another person until the division completes post-harvest sampling and testing and provides a 

written statement that the crop is eligible to be moved to market. (Eff. !:l___/ 2ozo, Register 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.090 

AS 03.05.076 AS 03.05.079 

11 AAC 40.265. Initial pre-harvest report. A registered grower shall inform the 

division by mail or electronic mail of a projected harvest date for an industrial hemp crop at least 

30 calendar days before the projected harvest. (Eff. ..!if!if.1!!J;Q, Register '2-> j ) 

19 
Register 234, 2020 NATURAL RESOURCES 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.270. Division response. 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. (Eff. 

..1J-1__!Zo'Z», Register .lli) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.275. Pre-harvest testing. (a) The division will schedule with the registered 

grower a time for the division or an authorized representative of the division to conduct preharvest sample collections. 

(b) The registrant or the registrant's agent shall be present at the grow site during sample 

collection by the division or may waive in writing the right to be present. The registrant shall 

provide to the division complete access to all industrial hemp, whether growing or stored, and all 

structures and locations listed on the registrant's application. 

(c) Based upon the availability of division personnel the division or representatives of 

the division will sample grow areas identified in a registrant's pre-harvest report and may sample 

other portions of the grow areas randomly. 

(d) The division or representatives of the division collecting or transporting the samples 

from a harvest lot or random sampling area have the legal right to possess and retain the sample 

and to transport it to a laboratory for analysis. 

(e) The registrant shall be responsible for the cost of sampling, as set out in 11 AAC 

20 
Register 21j 2020 NATURAL RESOURCES 

40.100(11 ), and for the cost of testing. Any sample taken by the division for testing is property of 

the di vision. (Eff. !f_/!LJZoZ-o, Register ili.) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

AS 03.05.040 

11 AAC 40.280. Post-harvest testing. (a) Ifthe 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 an authorized 

representative of the division to conduct post-harvest sample collections. 

(c) The registrant or the registrant's agent shall be present during sample collection by 

the division or may waive in writing the right to be present. The registrant shall provide to the 

division complete access to all industrial hemp, whether growing or stored, and all structures and 

locations listed on the registrant's application. (Eff. _i_;~ '/.Ill,), Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.285. Sampling and harvesting of industrial hemp within delta-9-THC 

limitations. (a) Ifpre-harvest testing confinns 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 

compliance with 11 AAC 40.710. A harvest is subject to the following requirements: 

(1) a registered grower shall harvest a tested lot not later than 15 days after the 

21 
Register 231 2020 NATURAL RESOURCES 

division's sample collection date; 

(2) if conditions do not allow the registrant to harvest not later than 15 days after 

the sample collection, the division may order additional testing of the lot or provide written 

authorization to harvest the crop by a specific date, with or without further testing being 

required. 

(b) Ifpost-harvest sampling and testing confirms delta-9-THC levels in the harvest lot of 

not more than 0.3 percent, the registrant is authorized to receive compensation for the raw 

industrial hemp from the harvest lot in compliance with 11 AAC 40.205. (Eff . .!i_/~--/ lc>1.0 , 

Register ~ 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.079 

AS 03.05.076 

11 AAC 40.290. Sample results in excess of delta-9-THC limitations. (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, the division will issue a notice of violation. The registered grower may elect to 

recondition the failing lot with another lot within testing levels in an attempt reduce the delta-9-

THC of the reconditioned lots to not more than 0.3 percent. The registrant is responsible for 

sampling costs, set out in 11 AAC 40.100(11), and testing costs of the reconditioned lots. Ifthe 

reconditioned lots still exceed the 0.3 delta-9-THC or if the registrant chooses not to recondition 

the lot, the registrant shall destroy the hemp in compliance with 11 AAC 40.665. 

22 
Register~'~2020 NATURAL RESOURCES 

(c) If a pre- or post-harvest sample tests in excess of 1.0 percent delta-9-THC levels, the 

division will issue a notice of violation, order the destruction of the harvest lot in compliance 

with 11 AAC 40.665, and notify the Department ofPublic Safety and the Marijuana Control 

Board of the notice of violation. (Eff. t/ I.!i_J'loU, Register ~ 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.090 

AS 03.05.076 AS 03.05.079 

11 AAC 40.295. Post-harvest reports. (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 60 days after receiving sampling results from the division. 

(b) The report must include the following infonnation: 

(1) identification ofthe lot and grow area harvested by cross streets and GPS 

coordinates, as applicable; 

(2) the quantity of the industrial hemp harvested or destroyed; 

(3) the testing results for the sample of the harvest lot; 

(4) the disposition ofthe harvest lot, including if the lot is being stored on site; 

and 

(5) documentation of all persons who provided compensation for the harvested 

lot, of all persons who were offered the harvested lot free of charge, or of each registered 

processor to whom the harvested lot was provided. 

(c) For lots stored on site, the disposition information described in (b)(4) and (5) of this 

section must be submitted not later than 60 days after disposition. (Eff. !1___/_!j_J l,oz.o , Register 

23 
Register Z3 , 2020 NATURAL RESOURCES 

111) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

Article 3. Processor Registration. 

Section 

300. Processor registration required 

305. Processor registration; privileges and prohibited acts 

310. Processor registration application 

315. Extraction methods 

320. Testing 

325. Test results 

3 3 0. Records 

335. Production reports 

11 AAC 40.300. Processor registration required. 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. (Eff. E_/!.i_/'ZbZ.t> , Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.305. Processor registration; privileges and prohibited acts. (a) A 

registered processor is authorized to do the following, in compliance with this chapter: 

24 
Register 2J1, 2020 NATURAL RESOURCES 

(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 industrial hemp as permitted for registered 

growers under 11 AAC 40.205(a)(4); 

(4) provide samples of processed industrial hemp or industrial hemp products to 

the division for sampling and testing; 

(5) conduct in-house testing for the processor's own use; 

(6) store processed hemp or hemp products at the locations identified in the 

processor registration; 

(7) transport industrial hemp or industrial hemp products in compliance with 

11 AAC 40.710; and 

(8) receive compensation for processed industrial hemp or industrial hemp 

products from a processor or retailer registered under 11 AAC 40.300 - 11 AAC 40.335 or 

11 AAC 40.500 - 11 AAC 40.530. 

(b) A registered processor must 

(1) comply with all applicable occupational health and safety standards; 

(2) use registered scales in compliance with AS 45. 75.080 and 17 AAC 90.920 -

17 AAC 90.935; 

(3) permit inspection by the division or division's representatives in compliance 

with AS 03.05.040 or 03.05.076(e); 

(4) permit inspection by local safety officials, including local fire departments, 

25 
Register 231, 2020 NATURAL RESOURCES 

building inspectors, or regulatory code enforcement officers as required by other law; and 

(5) upon request ofthe division and not later than three business days after notice 

of the request, provide a copy ofthe registration and inspection reports of the registered scales to 

the division. 

(c) A registered processor may not 

(1) receive compensation for processed industrial hemp or industrial hemp 

products from consumers without an industrial hemp retailer registration; 

(2) process or store industrial hemp in a structure that is primarily used for 

residential purposes; 

(3) purchase for processing any industrial hemp or industrial hemp product from 

a person who is not 

(A) registered with the division; 

(B) registered or licensed by other states or qualifying entities that have 

implemented an industrial hemp pilot program in accordance with 7 U.S.C. 5940 (sec. 

7606 ofthe Agricultural Improvement Act of 2014), or a United States Department of 

Agriculture approved industrial hemp program, authorized under 7 U.S.C. 1639p (sec. 

10113 ofthe Agricultural Improvement Act of 2018); or 

(C) a lawful international source authorized in writing by the division. 

(Eff. _g_/-=I_/ 7,oU>. Register ~ 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.040 AS 03.05.076 

26 
Register 23'-/, 2020 NATURAL RESOURCES 

11 AAC 40.310. Processor registration application. 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 ofthe processing facility; 

(2) a depiction on the map required under 11 AAC 40.050(b)(5) ofwhere 

industrial hemp will be stored or processed; 

(3) if available at the time of application, a list of sources ofraw industrial hemp; 

(4) for applicants who intend to extract cannabinoids and terpenoids from hemp, 

a description ofthe proposed extraction processes and of safety measures provided to protect 

employees, agents, and the public from the dangers associated with the extraction process; and 

(5) a statement ofthe intended end use or of the disposal ofthe hemp plant or 

plant pa11s not used for processing. (Eff. !iJ!iJ"b>Zo, Register 2.3'\ ) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.315. Extraction methods. (a) A registered processor may only create hempbased 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 

27 
Registerf1j, 2020 NATURAL RESOURCES 

(G) another method, only when preapproved in writing by the division; or 

(2) the following hydrocarbon extractions: 

(A) n-butane; 

(B) isobutane; 

(C) propane; 

(D) heptane; or 

(E) another method, only when preapproved in writing by the division. 

(b) A registered processor shall only use solvents in the extraction process that are food 

grade or at minimum 99 percent or greater in purity. Solvent-based extractions must be 

completed in a commercial, professional grade, closed-loop system capable ofrecovering the 

solvent used for extraction. 

(c) Each individual batch of processed hemp must meet or exceed the testing 

requirements set out in 11 AAC 40.600 - 11 AAC 40.665 before the processed industrial hemp or 

industrial hemp product may be offered with or without compensation to a person or transported 

from the processing sites. (Eff. ~~Zoio, Register ~ 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.040 AS 03.05.076 

11 AAC 40.320. Testing. (a) For any processed hemp product intended for human or 

animal consumption, each batch of product shall be tested in accordance with 11 AAC 40.600 -

11 AAC 40.665, for 

(1) cannabinoid concentration and profile; 

28 
Register 2?,"/, 2020 NATURAL RESOURCES 

(2) residual solvents; 

(3) microbials; 

(4) pesticides; and 

(5) heavy metal concentrations. 

(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 expense of the registered processor before packaging, 

transporting, or making the hemp product available for sale. 

(c) The division or authorized representatives of the division may also conduct random 

sampling and testing ofindustrial hemp products or sampling of suspected materials 

unannounced, at any time during the normal business hours ofthe registered processor. Any 

sample taken by the division under this section is the property ofthe division. At the time of 

inspection, the division or the division's authorized representative will have complete and 

unrestricted access to all industrial hemp, industrial hemp materials, and industrial hemp 

products and all land, buildings, and structures listed on the application or registration used to 

proce s or store hemp or hemp products. (Eff. !i_/~2oZo Register 1.11) 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.030 AS 03.05.076 AS 03.05.079 

AS 03.05.040 

11 AAC 40.325. Test results. (a) The division will notify the registered processor in 

writing of test results. 

(b) For products with test results greater than 0.3 percent delta-9-THC but not greater 

29 
Register 23j 2020 NATURAL RESOURCES 

than 1.0 percent delta-9-THC, the division will issue a notice of violation. The registered 

processor may elect to recondition the failing batch with another batch within testing levels or reextract the failing batch in an attempt reduce the delta-9-THC of the reconditioned batches to not 

more than 0.3 percent. The registered processor is responsible for sampling and testing costs of 

the reconditioned or re-extracted batch. Ifthe reconditioned or re-extracted batch still exceeds 

the 0.3 delta-9-THC or if the registered processor chooses not to recondition the batch, the 

registered processor shall destroy the batch in compliance with 11 AAC 40.665. 

(c) Ifthe sample taken from a batch is greater than 1.0 percent delta-9-THC, the division 

will issue a notice of violation, order the destruction ofthe batch and products derived from the 

batch, and notify the Department of Public Safety and the Marijuana Control Board of the notice 

of violation. 

(d) The division will notify the registrant of any solvents, heavy metals, microbials, or 

pesticides found during testing. (Eff. ~ /-~--lzoio ,Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.079 

AS 03.05.040 AS 03.05.077 AS 03.05.090 

AS 03.05.050 

11 AAC 40.330. Records. (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; 

30 
Register Z3j 2020 NATURAL RESOURCES 

(4) the name, telephone number, mailing address, and electronic mail address of 

the seller or supplier ofthe hemp; and 

(5) the cross streets, if applicable, and GPS coordinates ofthe grow site for the 

supplied hemp. 

(b) A registered processor shall keep all records for each batch of processed industrial 

hemp, including 

(1) the date of processing; 

(2) the lot number coordinated with each batch of processed hemp; 

(3) the total amount processed; 

(4) the type and method of processing; and 

(5) any tests or test results conducted on the hemp in original or processed form, 

identified by lot and batch number ofthe tested hemp. 

(c) All reports and records identified in this section must be maintained for a minimum 

ofthree years and shall be made available for review by the division or authorized 

representatives ofthe division not later than three business days after the division's request. (Eff. 

..1.J.!:Lf'loZl>, Register lli) 

Authority: AS 03 .05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.335. Production reports. (a) A registered processor shall submit a 

completed production report for each registration term on or before March I ofthe following 

registration year. 

(b) The report must contain 

31 
Register 23~ 2020 NATURAL RESOURCES 

(1) the quantity ofthe industrial hemp processed; 

(2) the type and quantity of products produced; 

(3) identification of the lot and batch numbers processed; 

(4) the disposition of all raw and processed industrial hemp; and 

(5) documentation of all persons who acquired raw industrial hemp or processed 

industrial hemp or industrial hemp products, either with or without compensation, from the 

registrant. (Eff. !LJ!i_;zoio Register ~ 

Authority: AS 03 .05.010 AS 03.05.076 AS 03.05.077 

Article 4. Hemp Product Endorsement and Labeling. 

Section 

400. Endorsement 

405. Application for endorsement 

410. Testing standards 

415. Hemp product sizing. 

420. Labeling 

11 AAC 40.400. Endorsement. (a) Before being transported in the state or offered with 

or without compensation to a consumer, any industrial hemp product processed beyond its raw 

form and intended for human or animal consumption must be endorsed by the division. 

(b) Endorsements for each hemp product or product line subject to 11 AAC 40.400 -

11 AAC 40.420 are valid and will not expire if 

32 
Register 231, 2020 NATURAL RESOURCES 

(1) the registrant holds a valid registration; 

(2) the product process ·has been approved and then renewed annually; 

(3) each product batch meets the approved product process standards; 

(4) each product batch passes all testing requirements; and 

(5) an approved label is affixed on each product. 

(c) The division will provide a written endorsement for each approved product or 

product line. (Eff. !iJ!:[_/ 'loZQRegister ill) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.090 

AS 03.05.030 AS 03.05.077 AS 03.05.100 

11 AAC 40.405. Application for endorsement. (a) An application for endorsement of 

an introductory 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 laboratory test results, if applicable, of each product or batch of 

product; 

(3) a copy of 

(A) the processor's registration under this chapter; 

(B) proof that the hemp product was grown under an industrial hemp pilot 

program operating under 7 U.S.C. 5940 (sec. 7606 ofthe Agricultural Improvement Act 

of 2014) or under a United States Department ofAgriculture approved industrial hemp 

program, authorized under 7 U.S.C. 1639p (sec. 10113 of the Agricultural Improvement 

33 
Registerili, 2020 NATURAL RESOURCES 

Act of 2018); or 

(C) a lawful international source's written authorization from the division; 

(4) a copy ofthe terpene analysis ifrequired under 11 AAC 40.630(c); and 

(5) submission ofthe endorsement fee set out in 11 AAC 40.100(7). 

(b) A written request for modification of the endorsement and the fee set out in 11 AAC 

40.100(9) is required for any change to the labeling requirements of 11 AAC 40.420. (Eff. 

!iJ.!:Lf'loto, Register ruJ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.410. Testing standards. (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 a consumer if failing any requirement in 11 AAC 

40.600 - 11 AAC 40.665. (Eff. _!ij!L_/7.bZo , Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

AS 03.05.050 

11 AAC 40.415. Hemp product sizing. A processed industrial hemp product intended 

for human or animal consumption may not contain more than 50 milligrams of delta-9-THC per 

individual product. (Eff. _!Lt_!j_/Zol.b , Register .Z.1'-1 ) 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.100 

34 
Register Z3j, 2020 NATURAL RESOURCES 

AS 03.05.076 AS 03.05.079 

11 AAC 40.420. Labeling. (a) Processed industrial hemp products intended for human 

or animal consumption must be labeled with the following: 

(1) the product name; 

(2) a batch number for the product; 

(3) an expiration date; 

(4) the total quantity ofthe product by weight or volume; 

(5) the serving size or recommended dose; 

(6) a list of all ingredients; 

(7) the industrial hemp pilot program or authorized international industrial hemp 

source from which the industrial hemp originated; and 

(8) if the product contains any delta-9-THC, the statement "warning: contains 

THC". 

(b) Processed industrial hemp products intended for human or animal consumption may 

not contain health or medical claims on the label, packaging, advertisement, or any other 

marketing material. (Eff. '-/ / !i)ZDZo Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.079 

AS 03.05.030 AS 03.05.077 AS 03.05.100 

35 
Register 23'-/, 2020 NATURAL RESOURCES 

Article 5. Retailer Registration. 

Section 

500. Retailer registration required 

505. Retailer registration; privileges and prohibited acts 

510. Retailer registration application 

515. Incorporation of a processed hemp product into a non-hemp product intended for human 

or animal consumption 

520. Inspection and testing 

525. Records 

530. Retailer reports 

11 AAC 40.500. Retailer registration required. 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 subject to 11 AAC 40.500 -

J 1 AAC 40.530. (Eff. !i_t 4 /'l,r//.,o, Register Z31J 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.505. Retailer registration; privileges and prohibited acts. (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 

36 
Register 2~~, 2020 NATURAL RESOURCES 

products; 

(3) store processed industrial hemp or industrial hemp products for the purposes 

ofreceiving compensation at the retail locations identified in the registration; 

(4) conduct in-house testing for the registrant's own use; and 

(5) transport processed industrial hemp or industrial hemp products in 

compliance with this chapter. 

(b) A registered retailer shall 

(1) ensure that industrial hemp products intended for human or animal 

consumption and offered for compensation are free from prohibited substances and appropriately 

labeled in compliance with applicable law; 

(2) display, in an area visible in or outside each retailer location, the official 

Alaska Industrial Hemp Pilot Program placard provided by the division; 

(3) not later than three business days after a request, provide to the division a list 

of the processors of any processed industrial hemp or industrial hemp product offered for 

compensation; and 

(4) permit inspection of the retail locations identified in the application for 

registration and of the processed industrial hemp or industrial hemp product by the division or 

division's representatives in compliance with AS 03.05.040 or 03.05.076(e). 

(c) A registered retailer may submit an endorsement application for an industrial hemp 

product intended for human or animal consumption, in the absence of a processor having done 

so, but shall identify the processor who did not apply for an endorsement for the product in 

compliance with this chapter. 

37 
Register 23'-t ,~ 2020 NATURAL RESOURCES 

(d) Unless a registered retailer is also a registered grower, the registrant may not transfer 

or receive compensation for live industrial hemp plants, viable industrial hemp plants, or viable 

seed. (Eff. !i_/1__;~ Register ~ 

Authority: AS 03.05.010 AS 03.05.050 AS 03 .05.077 

AS 03.05.040 AS 03.05.076 

11 AAC 40.510. Retailer registration application. 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; 

(2) a location or list oflocations of the retailer where industrial hemp will be 

offered for retail sales; and 

(3) a list ofindustrial hemp product types intended to be sold by the retailer. (Eff. 

l:/_/}:j__l2,o1,I) , Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.515. Incorporation of a processed hemp product into a non-hemp 

product intended for human or animal consumption. (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, mixes, or incorporates a processed industrial hemp 

product intended for human or animal consumption into a non-hemp product shall use registered 

38 
Regi t r lli ~ 2020 NATURAL RESOURCES 

scales or other instruments that are in compliance with AS 45.75.080 and 17 AAC 90.920 -

17 AAC 90.935 to determine the appropriate serving size ofthe hemp product and shall maintain 

current registration and inspection reports for the scales or other instruments as required under 

AS 45.75.080 and 17 AAC 90.920 - 17 AAC 90.935. 

(c) Not later than three business days after the division's request, copies ofregistration 

and inspection reports required under (b) of this section shall be provided to the division. (Eff. 

!LJ.!J__J2.»2.D, Register l31J 

Authority: AS 03 .05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.030 AS 03.05.076 

11 AAC 40.520. Inspection and testing. (a) The division or an authorized 

representative ofthe 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 issue a notice of violation and a stop order for any processed hemp 

product intended for human or animal consumption from a registered retailer if the hemp product 

(1) does not hold a current endorsement from the division issued in compliance 

with 11 AAC 40.400 - 11 AAC 40.420; 

(2) is not packaged as required by 11 AAC 40.415 or labeled as required by 

11 AAC 40.420; 

(3) contains greater than 0.3 percent delta-9-THC; or 

(4) has failed the permissible level of contaminants as provided in 11 AAC 

39 
Register 23~ 2020 NATURAL RESOURCES 

40.640. (Eff. .!:!_j!:l_/1JJ1:c, Register ~ 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.079 

AS 03.05.030 AS 03.05.076 AS 03.05.090 

AS 03 .05.040 AS 03.05.077 

11 AAC 40.525. Records. (a) A registered retailer shall keep records of processed 

industrial hemp or processed industrial hemp products obtained for the purpose ofretail for each 

registered year, including 

(1) the date the processed industrial hemp or processed industrial hemp products 

were received; 

(2) the quantity received; 

(3) identifying lot and batch numbers for processed industrial hemp or processed 

industrial hemp products; and 

(4) identification ofthe supplier of processed industrial hemp or processed 

industrial hemp products. 

(b) All reports and records identified in this section shall be maintained for a minimum 

ofthree years and shall be made available for review by the division or the division's 

representative not later than three business days after the division's request. (Eff. j_; 4 l'l.l>Zb , 

Register~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.530. Retailer reports. (a) A registered retailer shall submit a retailer report 

40 
Register2';4, 2020 NATURAL RESOURCES 

on a form prescribed by the division not later than March 1 ofthe year following the registration 

year. 

(b) The report must include the following information: 

(1) identification ofthe processed industrial hemp or industrial hemp products 

offered for compensation during the registration term; 

(2) the quantity of processed industrial hemp or industrial hemp products for 

which the registrant received compensation; 

(3) the percentage of processed industrial hemp or processed industrial hemp 

products offered for retail that is intended for human or animal consumption; and 

(4) documentation of consumer complaints. (Eff. !LJ!i__j 'loZ.c:>, Register~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

Article 6. Sampling, Testing, Quarantines, and Destruction. 

Section 

600. Compliance with 11 AAC 40.600 - 11 AAC 40.665 

605. Laboratory testing of hemp and hemp products 

610. Sampling required 

615. Sample size for a processed hemp batch 

620. Samples for test batches of pre-packaged hemp products 

625. Test batch, standards for authorized testing facilities 

630. Cannabinoid and terpene potency 

635. Methodology for testing delta-9-THC levels in raw industrial hemp 

41 
Register IB, 2020 NATURAL RESOURCES 

640. Contaminants 

645. Exceeding contaminant testing levels 

650. Failed test results for hemp products 

655. Retests 

660. Quarantine 

665. Waste disposal, including hemp destruction 

11 AAC 40.600. Compliance with 11 AAC 40.600- 11 AAC 40.665. (a) A registered 

hemp grower may not sell, give, distribute, transfer, or offer to sell, give, distribute, or transfer 

any raw industrial hemp until the requirements of 11 AAC 40.270 - 11 AAC 40.295 have been 

completed and the division has issued a written statement that the crop is eligible to be moved to 

market. 

(b) A registered industrial hemp processor may not sell, give, distribute, transfer, or offer 

to sell, give, distribute, or transfer any processed industrial hemp until each batch of processed 

hemp product has satisfied the requirements of 11 AAC 40.600 - 11 AAC 40.665. 

(c) 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. (Eff. !i_;!:L_I~, Register M} 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.078 

AS 03.05.076 

11 AAC 40.605. Laboratory testing of hemp and hemp products. (a) The division or 

42 
Register23"\, 2020 NATURAL RESOURCES 

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 

Industrial Hemp Pilot Program, and address public health and safety concerns. 

(b) The division may require industrial hemp or industrial hemp products to undergo a 

second independent third-party review to verify that the industrial hemp or industrial hemp 

products do not pose a threat to public health and safety, when the division has reason to believe 

and finds, upon investigating, one or more of the following: 

(1) the industrial hemp or industrial hemp product being distributed contains one 

or more contaminants at levels known to cause harm; or 

(2) the industrial hemp or industrial hemp product contains one or more 

contaminants that could be toxic as consumed or applied in accordance with the intended use as 

stated on the product label. 

(c) The division may quarantine industrial hemp or industrial hemp products as set out 

under 11 AAC 40.660. (Eff. !:LJ±J_/'lolJ;,, Register~ 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.078 

AS 03.05.076 

11 AAC 40.610. Sampling required. (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 or processing batch, as applicable, and submitted to the division 

or an authorized testing facility as one test sample. 

(b) To comply with (a) ofthis section, a registrant shall permit samples submitted for 

43 
Register 23j, 2020 NATURAL RESOURCES 

testing to be collected by the division or a representative of the division. 

(c) A registrant may not 

(1) attempt to influence the samples selected by the division or an authorized 

representative ofthe division; 

(2) adulterate, alter, or attempt to adulterate or alter, any samples taken from the 

production batch for the purpose of circumventing contaminant testing limits or potency testing 

requirements. (Eff !l___;~'2,cZ.D, Regi ter ~ 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.078 

AS 03.05.076 

11 AAC 40.615. Sample size for a processed hemp batch. The division or the division's 

representative shall collect a minimum number ofrepresentative samples per processed batch for 

testing in the following amounts: 

(1) for processed batches weighing up to one pound, a minimum of eight separate 

0.50-gram samples must be combined into a four-gram sample and submitted as one test sample; 

(2) for processed batches weighing more than one pound and less than two 

pounds, a minimum of 12 separate 0.50-gram samples must be combined into one six-gram 

sample and submitted as one test sample; 

(3) for processed batches weighing two pounds or more but less than three 

pounds, a minimum of 15 separate 0.50-gram samples must be combined into one 7.5-gram 

sample and submitted as one test sample; 

(4) for processed batches weighing three pounds or more but less than four 

44 
Register 2~~ , 2020 NATURAL RESOURCES 

pounds, a minimum of 18 separate 0.5-gram samples must be combined into one nine-gram 

sample and submitted as one test sample; 

(5) for processed batches weighing four pounds or more but less than 10 pounds, 

a minimum of 23 separate 0.50-gram samples must be combined into one 11.5-gram sample and 

submitted as one test sample; or 

(6) for processed batches weighing 10 pounds or more, a minimum of 29 separate 

0.50-gram samples must be combined into one 14.5-gram sample and submitted as one test 

sample. (Eff. !LJ.!J...J~ , Register ~ 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.078 

AS 03.05.076 

11 AAC 40.620. Samples for test batches of pre-packaged hemp products. (a) If not 

tested and approved by the division under a processing registration, a sample of a product of 

processed hemp or hemp products must be submitted to the division or as directed by the 

division to an authorized testing facility. Each sample shall be submitted in its packaged form. 

(b) The number of samples required for testing is as follows: 

(1) for up to 100 units, a minimum oftwo separate samples must be submitted; 

(2) for up to 500 units, a minimum offive separate samples must be submitted; 

(3) for up to 1,000 units, a minimum of 10 separate samples must be submitted; 

(4) for up to 5,000 units, a minimum of 50 separate samples must be submitted; 

(5) for up to 10,000 units, a minimum of 100 samples must be submitted; or 

(6) for more than 10,000 units, a minimum of one percent of samples must be 

45 
Register Zfl, 1u1j- 2020 NATURAL RESOURCES 

submitted. (Eff. !:l.__j!J._j2,()2,o Register Hi> 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.078 

AS 03.05.076 

11 AAC 40.625. Test batch, standards for authorized testing facilities. (a) The 

division will establish a minimum weight or volume of processed industrial hemp or industrial 

hemp products and direct the designated testing facilities to apply those standards for every type 

oftest conducted. 

(b) The division will also establish a standard number of samples required to be included 

in each batch of processed hemp or hemp products for every type oftest conducted in 

compliance with 11 AAC 40.630 - 11 AAC 40.640. 

(c) An authorized testing facility may not accept a sample that is smaller than the 

standard minimum amount, unless the sample was collected by the division, an authorized 

representative ofthe division, or a registrant under division direction. (Eff. _!i_/__!f___l1,o1,o , 

Register fil) 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.078 

AS 03.05.076 

11 AAC 40.630. Cannabinoid and terpene potency. (a) All industrial hemp grown, 

processed, or made available for retail sales will be tested by the division or an authorized testing 

facility for delta-9-THC, and must test at or below 0.3 percent. 

(b) All processed industrial hemp products intended for human or animal consumption 

46 
Register 234, 2020 NATURAL RESOURCES 

must also undergo a cannabinoid potency test that must at least determine the concentration of 

tetrahydrocannabinol, cannabidiol, cannabichomene, cannabigerol, cannabichromene, and 

cannabidivarin, including acid forms. 

(c) Terpene analysis is not required for any industrial hemp or industrial hemp product 

unless terpene content is listed on the label, the packaging, or an advertisement. In those cases, a 

terpene analysis must be performed and submitted to the division. (Eff. ..:L/!L}Zolo , Register 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.078 

AS 03.05.030 AS 03.05.077 

11 AAC 40.635. Methodology for testing delta-9-THC levels in raw industrial hemp. 

Raw industrial hemp collected by the division or an authorized representative of the division for 

sampling will be tested for a quantitative determination of delta-9-THC by a method to be 

approved in writing by the division. (Eff. !LJ.!:Lf~, Register _g.B.) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.078 

AS 03.05.030 AS 03.05.077 

11 AAC 40.640. Contaminants. (a) Industrial hemp products intended for human or 

animal consumption shall be tested or screened for the contaminants listed and may not exceed 

the following permissible levels: 

47 
Register2.~~, 2020 NATURAL RESOURCES 

(1) residual solvents: 

Solvent Parts Per Million 

(ppm) 

Product to be tested 

Acetone < 500 Extracted concentrates 

Benzene 0 

Butanes < 500 

Chloroform < 1 

Cyclohexane < 500 

Heptane < 500 

Hexane 0 

Isopropanol < 500 

Methanol < 500 

Pentanes < 500 

Propane < 500 

Toluene 0 

Xylenes (m, p, o-xylenes) < 217 

48 
Register Z~1 2020 NATURAL RESOURCES 

(2) microbials (bacterial, fungus): 

Substance Acceptable limits per 

gram 

Product to be tested 

Shiga Toxin Escherichia 

coli (STEC) - bacteria 

Less than 1 colony 

forming unit (CFU/g) 

Hemp or hemp products 

intended for human 

consumption; water and foodbased concentrates 

Total Yeast and Mold 

Count (TYMC) 

Less than 10,000 

colony forming unit 

(CFU/g) 

Salmonella species -

bacteria 

Less than 1 colony 

forming unit (CFU/g) 

Aspergillus fumigatus, 

Aspergillus flavus, 

Aspergillus niger-fungus, 

Aspergillus terreus 

Less than 1 colony 

forming unit (CFU/g) 

49 
Register~ ,~ 2020 NATURAL RESOURCES 

(3) mycotoxins: 

Substance Acceptable limits per 

gram 

Product to be tested 

Total Aflatoxin B 1, B2, 

Gl , G2 

< 20 parts per billion (PPB) Hemp or hemp products 

intended for human 

consumption; water and 

food-based concentrates 

Ochratoxin A < 20 parts per billion (PPB) 

( 4) pesticides: 

Substance Detection Limits (Parts 

Per Million, PPM) 

Product to be tested 

Abamectin < 0.07 Hemp or hemp products 

intended for human 

consumption; water and 

food-based concentrates 

Azoxystrobin <0.02 

Bifenazate <0.02 

Etoxazole < 0.01 

Imazalil < 0.04 

Imidacloprid <0.02 

Malathion < 0.05 

Myclobutanil <0.04 

Permethrin < 0.04 

Spinosad <0.06 

50 
Register 23~, 2020 NATURAL RESOURCES 

Spiromesifen < 0.03 

Tebuconazole < 0.01 

(5) metals: 

Substance Acceptable Limits Per 

Gram Based on Intended 

Use 

Product to be tested 

Metals (Cadmium, Arsenic, 

Lead, Mercury) 

Inhaled or Audited 

Product: smoke hemp 

flowers or vape 

concentrates 

Lead-Max Limit: < 0.5 

ppm 

Arsenic- Max Limit:< 

0.02ppm 

Cadmium - Max Limit: 

,0.02 ppm 

Mercury - Max Limit: 

<0.1 ppm) 

Hemp or hemp products 

intended for human 

consumption; water and 

food-based concentrates 

51 
Register 23l{, 2020 NATURAL RESOURCES 

Topical and/or 

Transdermal 

Lead - Max Limit: < 10 

ppm 

Arsenic- Max Limit:< 3 

ppm 

Cadmium - Max Limit < 3 

ppm 

Mercury - Max Limit < 1 

ppm 

Oral Consumption or 

Audited Product: rectal 

or vaginal administration 

Lead- Max Limit: < 1 ppm 

Arsenic - Max Limit: < 1.5 

ppm 

Cadmium - Max Limit: < 

0.5 ppm 

52 
Register 234, 2020 NATURAL RESOURCES 

Mercury - Max Limit: < 

1.5 ppm 

(b) Notwithstanding the permissible levels established in (a) ofthis section, the division 

may conclude, upon good cause and reasonable grounds, that an industrial hemp product meeting 

these levels still presents a risk to the public health or safety and therefore will be considered to 

have fai led a contaminant test. (Eff. !J_I!1__11,o1,c Register ill_) 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.030 AS 03.05.076 AS 03.05.078 

11 AAC 40.645. Exceeding contaminant testing levels. (a) Ifindustrial hemp or an 

industrial hemp product is found to have a contaminant in levels exceeding those established as 

permissible under 11 AAC 40.640, the industrial hemp or industrial hemp product has failed 

contaminant testing. 

(b) Ifindustrial hemp or an industrial hemp product has failed a contaminant test, the 

testing facility must immediately notify in writing the division and the retailer or processor that 

submitted the test batch forte ting of the failure. (Eff. !:LJ~~,Register Z.34 ) 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.030 AS 03.05.076 AS 03.05.078 

11 AAC 40.650. Failed test results for hemp products. (a) Any registrant that is 

53 
Register lli_. 2020 NATURAL RESOURCES 

notified by the division or the division's representative that a test batch failed a contaminant or 

potency test shall immediately discontinue offering for sale any industrial hemp products 

associated with the failed test batch. 

(b) Any industrial hemp products that have failed a contaminant or potency test must be 

physically separated from all other hemp inventory, may not be transported, and may not be 

further processed or added to a non-hemp product. (Eff. _!ij!:LfZoze Register ~ 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.030 AS 03.05.076 AS 03.05.078 

11 AAC 40.655. Retests. (a) A registrant whose industrial hemp product has failed 

initial testing under 11 AAC 40.630 or 11 AAC 40.640 may submit a written request, on a form 

provided by the division, for a retest of the industrial hemp product. The division will authorize a 

request for a retest, but the registrant requesting the retest shall pay all costs oftesting and 

validation. 

(b) If electing to retest, a registrant must either 

(1) submit new test samples complying with 11 AAC 40.600 - 11 AAC 40.665 

from the same failing batch to the division or authorized testing facility that performed the 

original test; or 

(2) submit the new test samples complying with 11 AAC 40.600 - 11 AAC 

40.665 from the same failing batch to a different testing facility approved by the division and 

available to conduct the retest. 

(c) Ifthe sample passes the potency or a required contaminant testing under (b) ofthis 

54 
Register 23~ 2020 NATURAL RESOURCES 

section, the division may elect to submit the industrial hemp product for a third testing at the 

division's expense. Ifthe division does not elect a third testing, the lot or batch from which the 

sample came must have the identifying number modified with the addition of the letter "X" at the 

end or the previous identifier. Afterwards, the hemp or hemp products associated with each test 

batch may be transferred or further processed in compliance with this chapter. 

(d) In the event the division has elected to test the industrial hemp product a third time, 

two passing results means the product passes and the product may continue to be offered for 

retail, subject the addition of the letter "X" to the identifying number, as described in (c) ofthis 

section. Two failing results means the product fails and must be destroyed in accordance with (e) 

ofthis section. 

(e) Ifthe sample fails and is not retested, or is retested and fails under ( c) or ( d) of this 

section, the division may direct the registrant to destroy all industrial hemp products affiliated 

with the failed test and require proof of destruction, or seize and destroy the hemp products as 

permitted under AS 03.05.010(a)(7) and 03.05.076(d)(4). (Eff. !iJ!:LJ~ Register z.rl) 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.030 AS 03.05.076 AS 03.05.078 

11 AAC 40.660. Quarantine. (a) In addition to other remedies provided under 11 AAC 

40.800, the division may also elect to immediately quarantine industrial hemp or an industrial 

hemp product in the following circumstances: 

(1) the division or an authorized representative of the division finds after 

investigation that a registered processor or retailer has violated this chapter; 

55 
Register23':I, 2020 NATURAL RESOURCES 

(2) the industrial hemp or industrial hemp product was processed by a person 

who is not 

(A) registered with the Alaska Industrial Hemp Pilot Program under this 

chapter; 

(B) registered or licensed by other states or qualifying entities that have 

implemented an industrial hemp pilot program in accordance with 7 U.S.C. 5940 (sec. 

7606 ofthe Agricultural Improvement Act of 2014), or a United States Department of 

Agriculture approved industrial hemp program, authorized under 7 U.S.C. 1639p (sec. 

10113 of the Agricultural Improvement Act of2018); or 

(C) a lawful international source authorized in writing by the division. 

(3) the industrial hemp or industrial hemp product presents a potential threat to 

public health or safety; 

(4) the division has received reports of an adverse event related to the use of 

industrial hemp or an industrial hemp product. 

(b) Any industrial hemp or industrial hemp product quarantined may be returned to the 

registrant ifthe division finds there is no potential threat to public health or safety and the person 

whose industrial hemp was quarantined is otherwise in compliance with this chapter. The 

division will destroy quarantined industrial hemp or an industrial hemp product if an allegation 

identified in (a) of this section is substantiated. 

(c) In this section, "adverse event" includes any unfavorable or unintended physical 

symptom or disease, hospitalization, emergency room visits, doctor's visits, abnormal laboratory 

findings, or any other negative medical consequence associated with the use ofindustrial hemp 

56 
Register 2~'), 2020 NATURAL RESOURCES 

or an industrial hemp product. (Eff. _!f__!!:L}t.Dl.l> , Register Z.!»4 ) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

AS 03.05.050 

11 AAC 40.665. Waste disposal, including hemp destruction. (a) A registrant shall 

store, manage, and dispose of any solid or liquid waste, including wastewater generated during 

industrial hemp or industrial hemp product production, processing, testing, or retail sales, in 

compliance with applicable federal, state, and local statutes, ordinances, regulations, and other 

law. 

(b) Industrial hemp waste or industrial hemp product waste must be made unusable for 

any purpose for which it was grown or produced and must be made unrecognizable before 

leaving the registered premises. Industrial hemp waste or industrial hemp product waste includes 

(1) industrial hemp plant waste, including stalks, leaves, stem, and flowers that 

have not been processed with solvent; 

(2) industrial hemp or industrial hemp products that has been found unfit for sale 

or consumption; 

(3) expired industrial hemp or industrial hemp products; or 

(4) industrial hemp or industrial hemp products that failed testing under 11 AAC 

40.600 - 11 AAC 40.665. 

(c) Industrial hemp, industrial hemp product waste, and failed industrial hemp processing 

batches may be made unusable and unrecognizable through mowing, grinding, or compacting the 

hemp or hemp product and incorporating the industrial hemp or industrial hemp product with at 

57 
Regi ter 23z.\ 2020 NATURAL RESOURCES 

least an equal amount of other compostable or non-compostable materials listed as follows, such 

that the resulting mixture cannot be easily separated and sorted: 

(1) food waste; 

(2) yard waste 

(3) vegetable-based grease or oils; 

(4) paper waste; 

(5) cardboard waste; 

(6) plastic waste; 

(7) oil; 

(8) soil; or 

(9) other wastes approved by the division or a representative of the division that 

will render the industrial hemp or industrial hemp products unusable and unrecognizable. 

(d) A registrant shall give notice to the division, on a form prescribed by the division, of 

the disposal ofthe industrial hemp or industrial hemp products not later than 10 business days 

after disposal. 

(e) Ifindustrial hemp or industrial hemp products are found by or surrendered to a peace 

officer, the officer may dispose ofthe industrial hemp or industrial hemp products as set out in 

this section or by any method allowed under any applicable local ordinance. 

(f) Notwithstanding (b) ofthis section, a registrant may request written authorization 

from the division to utilize industrial hemp waste, such as spent floral material, for another 

purpo e. (Eff. '1 /~ !'Zeto , Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

58 
Register ZYi 2020 NATURAL RESOURCES 

AS 03.05.050 

Article 7. Requirements Common to All Registrations. 

Section 

700. Notification 

705. Hemp storage 

710. Transportation 

11 AAC 40.700. Notification. (a) The division will submit a list ofregistrants and 

information about approved grower, processor, and retail registrants to the Marijuana Control 

Board and the Department of Public Safety on at least an annual basis and to any peace officer 

upon request. 

(b) The division will submit all notices of violation specific to industrial hemp or 

industrial hemp products in excess of 1.0 percent of delta-9-THC to the Marijuana Control Board 

and the Department of Public Safety. (Eff. ~~~ Register ~ ) 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.705. Hemp storage. (a) Under any registration issued under this chapter, a 

registrant may store industrial hemp or industrial hemp products on the same property and at the 

same address or GPS coordinates listed on the registrant's application and registration. 

(b) A registrant under 11 AAC 40.200 - 11 AAC 40.295 may store seeds, hemp, and 

hemp parts in raw form or industrial hemp in a processed form, but to sell industrial hemp in a 

59 
Register l31, 2020 NATURAL RESOURCES 

processed form the registered grower must also hold a retailer registration. 

(c) Industrial hemp and industrial hemp products shall be stored securely with reasonable 

physical containment and security measures. 

(d) The division may inspect stored industrial hemp or industrial hemp products as set 

out in 11 AAC 40.275(b), 11 AAC 40.320(c), or 11 AAC 40.520(a). (Eff. 1__!!LJ2oZD, 

Register~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

AS 03.05.040 

11 AAC 40.710. Transportation. (a) Except as described in (b) ofthis section, a person 

subject to or registered under this chapter may not transport industrial hemp or industrial hemp 

products without a transportation permit issued by the division. A transportation permit only 

authorizes industrial hemp to be transported from one registrant to another registrant or from one 

property of a registrant to another property of a registrant. 

(b) A transportation permit is not required 

(1) for a registrant under 11 AAC 40.200 - 11 AAC 40.295 to transport industrial 

hemp on property listed on its registration for storage, drying, or testing in advance of a preharvest report; 

(2) to transport industrial hemp seed or propagules to a registered grower; or 

(3) to transport an industrial hemp product holding a valid endorsement under 

11 AAC 40.400 - 11 AAC 40.420 to or from a registered retail location. 

(c) A transportation permit will be issued to a registered grower or registered processor 

60 
Registerlli_, 2020 NATURAL RESOURCES 

only after sampling has validated that that hemp is no more than 0.3 percent delta-9-THC. 

(d) A registrant shall apply to the division for a transportation permit and pay the 

required fee under 11 AAC 40.100. 

(e) The division will process the application for a transportation permit not later than five 

business days from the date ofreceipt of the application. A single transportation permit may be 

approved by the division for multiple days or methods oftransportation, if determined 

practicable or necessary by the division. 

(f) A transportation permit will contain 

(1) the name ofthe permittee; 

(2) the address and the GPS coordinates from where the industrial hemp will 

depart; 

(3) the name ofthe registrant to whom the industrial hemp will be transported; 

(4) the address and the GPS coordinates at which the industrial hemp will be 

delivered; 

(5) the amount ofindustrial hemp being transported; 

(6) a physical description of the vehicle transporting the industrial hemp, 

including the registration plate number; and 

(7) the name ofthe person operating the vehicle transporting the industrial hemp. 

(g) A registrant shall maintain all transportation permits for three years and make them 

available to the division for inspection not later than three business days after the division's 

request. 

(h) The operator of the vehicle transporting industrial hemp shall have a copy ofthe 

61 
Register 2~4 , ~ 2020 ATURAL RESOURCES 

applicable registration and the transportation permit in the operator's immediate possession at all 

times while transporting industrial hemp. When transporting industrial hemp, a person shall 

present a copy of the registration and permit upon demand to a peace officer, the division, or the 

division's representative. (Eff. V!f_/ZoZo Register ~ 

Authority: AS 03.05.010 AS 03.05.077 AS 03.05.078 

AS 03.05.076 

Article 8. Enforcement; Appeals. 

Section 

800. Enforcement authority 

810. Suspension 

820. Revocation 

830. Appeals 

11 AAC 40.800. Enforcement authority. To caiTy out the provisions of this chapter, the 

division may 

(l) sample and test industrial hemp, cannabis, industrial hemp products, and 

cannabis products for the presence of delta-9-THC, prohibited contaminants, or pesticide residue 

and for proper labeling and distribution; 

(2) control, seize, quarantine, embargo, or direct destruction of industrial hemp or 

industiial hemp products not in compliance with this chapter; 

(3) during the usual hours of a business, or at any time if the division detennines 

62 
Register 2~~, 2020 NATURAL RESOURCES 

that there is an immediate threat to the health or safety of the general public, enter and inspect 

premises where industrial hemp or industrial hemp products are produced, handled, or 

transpmied; 

(4) with three days' notice to the registrant, inspect records documenting the sale 

or transfer of industrial hemp or industrial hemp products; 

(5) declare as a public nuisance injurious to the public interest 

(A) any industrial hemp or industrial hemp product found to violate a 

provision ofthis chapter; or 

(B) any cannabis or cannabis product with delta-9-THC over 0.3 percent, 

subject to this chapter, and found to violate a condition of this chapter; 

(6) direct the movement, reconditioning, or destruction of any industrial hemp, 

industrial hemp product, or cannabis or cannabis products with delta-9-THC over 0.3 percent 

declared to be a public nuisance as pennitted by AS 03.05.050 or 03.05.076; 

(7) issue notices of violations and civil fines, or issue stop orders for violations of 

this chapter, including to persons who are not registered or pennitted to participate in the Alaska 

Industrial Hemp Pilot Program; 

(8) as pem1itted under AS 03.05.090, refer violations of this chapter to a peace 

officer for criminal prosecution; 

(9) suspend, revoke, or deny registrations, endorsements, or permits issued under 

this chapter; 

( l 0) cooperate and communicate with the Marijuana Control Board, the 

Department of Public Safety, or any other peace officers; and 

63 
Register 23"1 , 2020 NATURAL RESOURCES 

(11) undertake any other action not listed here, but permitted under AS 03. 05. 

(Eff. !1}:f_t2olo , Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.079 

AS 03.05.040 AS 03.05.077 AS 03.05.090 

AS 03.05.050 AS 03.05.078 AS 03.05.100 

11 AAC 40.810. Suspension. The division may temporarily suspend, for up to 60 days, a 

registration, endorsement, or pem1it issued under this chapter if the registrant is alleged to have 

(1) violated any provision of AS 03.05.010, 03.05.076 - 03.05.079, or this 

chapter; 

(2) made any false statement to the division or the division's representatives; 

(3) failed to comply with any agreement signed by the registrant or permittee at 

the time the registration or pennit was issued; 

(4) failed to comply with any orders of the division to enforce this chapter; or 

(5) failed to pay any fines issued in connection with notices of violation. (Eff. 

!L.J!iJ ZoU> ,Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.820. Revocation. In addition to temporary suspension, the division may 

revoke a registration, permit, or endorsement and prohibit participation in the Alaska Industrial 

Hemp Pilot Program for a period of up to five years if the registrant 

(1) has planted, grown, cultivated, or replicated industrial hemp seeds or 

64 
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propagules from a hemp plant of wild, landrace, or unknown origin without advance written 

approval from the division; 

(2) has harvested industrial hemp without a harvest report and pre-harvest sample 

taken by the division, without advance written approval ofthe division; 

(3) failed to destroy, as ordered, a harvest lot the sample of which has tested at 

greater than 1.0 percent delta-9-THC; 

(4) processes industrial hemp that is greater than 1.0 percent delta-9-THC; 

(5) utilizes an extraction method under 11 AAC 40.310 determined by the 

division to pose a risk to human or animal health or safety; 

(6) fails to submit any report required under this chapter; or 

(7) violates this chapter on three separate occasions in a one-year period. (Eff. 

-1J!LJ~ ,Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

11 AAC 40.830. Appeals. (a) Except as described in (b) ofthis section, appeals of 

decisions of the division under this chapter must be in accordance with 11 AAC 02.040 -

I 1 AAC 02.900. 

(b) The automatic stay provisions of 11 AAC 02.060 do not apply to permit any 

industrial hemp or industrial hemp product testing in violation of 11 AAC 40.630 or 11 AAC 

40.640 to be sold or transfen-ed to another registrant or a consumer. Hemp or a hemp product 

violating those standards are subject to quarantine under 11 AAC 40.660. The quarantine may 

only be lifted if the commissioner reverses on appeal the decision of the division. (Eff. 

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_!J__1!:LJ ZO'Jo , Register ~ 

Authority: AS 03.05.010 AS 03.05.076 AS 03.05.077 

Article 9. General Provisions 

910. Definitions 

11 AAC 40.910. Definitions. In this chapter, 

(1) "Alaska Industrial Hemp Pilot Program" means the pilot program operated by 

the division to study the growth, cultivation, or marketing of industrial hemp as permitted under 

AS 03.05.077; 

(2) "applicant" means a person who submits an application to participate as a 

registrant in the Alaska Industrial Hemp Pilot Program; 

(3) "batch" means 

(A) a quantity of hemp or hemp parts from a harvest lot; or 

(B) a quantity of hemp extract from a process lot; 

(4) "business day" means a day other than Saturday, Sunday, or a state holiday; 

(5) "business entity" means a not-for-profit or for-profit corporation, partnership, 

limited liability company, or other business association that is not a natural person; 

(6) "calendar day" means a day, including Saturday, Sunday, or a state holiday; 

(7) "cannabinoid" means any of the chemical compounds that are the active 

constituents of the cannabis plant; 

(8) "cannabis" means all parts of the cannabis plant, whether growing or not, 

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including its seeds, resin, compounds, salts, derivatives, and extracts; 

(9) "CBD" means cannabidiol; 

(10) "commissioner" means the commissioner of natural resources; 

(11) "compensation" means money, bartered objects or services, or anything else 

ofvalue, whether given as a payment or voluntarily as a donation, when accepted by a person 

who gives, distributes, or delivers industrial hemp to another; 

(12) "consumer" has the meaning given in AS 45.50.561, but excludes registrants 

or persons who should be registered, but are not, in the Alaska Industrial Hemp Pilot Program; 

(13) "consumption" means any method of ingestion of or application to the body, 

including eating, drinking, inhaling, absorbing, or injecting; 

(14) "delta-9-THC" means delta-9-tetrahydrocannabinol concentration, the 

primary intoxication component of cannabis; 

(15) "delta-9-THC content of not more than 0.3 percent" means delta-9-

tetrahydrocannabinol concentration or not more than 3,000 parts per million on a dry weight 

basis; 

(16) "department" means the Department of Natural Resources; 

(17) "destroy" means to make incapable of being 

(A) harvested; 

(B) processed; or 

(C) offered, with or without compensation, to a consumer; 

(18) "division" means the division of agriculture within the department; 

(19) "extraction" means the act of using a solvent or mechanical means to process 

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raw hemp plant parts by means of hydrocarbon, non-hydrocarbon, or mechanical extraction; 

(20) "fibrous waste" means any roots, stalks, stems or flowers from hemp, not 

used or intended for use in making a product; 

(21) "GPS" means global positioning system; 

(22) "grow" means to plant, propagate, cultivate, or harvest industrial hemp; 

(23) "grow area" means a contiguous area where industrial hemp is grown or is 

intended to be grown, that may consist offield, greenhouses, or other buildings, and that is 

described from a single GPS coordinate within the grow area; 

(24) "grower registration" means a document authorizing the person to grow, 

handle, and store hemp at one or more specified locations in the state; 

(25) "harvest" means to remove industrial hemp plants, plant parts, grain, or 

seeds from a grow area; 

(26) "harvest lot" 

(A) means a quantity of industrial hemp that is 

(i) harvested in a distinct timeframe; and 

(ii) grown in one contiguous production area within a grow area, 

or grown in one or more portions of one contiguous production area within a grow 

area; 

(B) does not include a quantity of industrial hemp grown in 

noncontiguous production areas; 

(27) "hemp seed" means cannabis seed 

(A) that is sold to or intended to be sold to registered growers for 

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planting; or 

(B) that remains in unprocessed or partially processed condition that is 

capable of germination; 

(28) "individual" means a natural person; 

(29) "industrial hemp" or "hemp" has the meaning given in AS 03.05.100, 

whether the plant is growing or not; 

(30) "industrial hemp product" or "hemp product" means an item derived from all 

parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9-

THC; 

(31) "isolation distance" has the meaning given in AS 03.05.010(a)(7)(D); 

(32) "label" means the display of all written, printed, or graphic matter upon the 

immediate container or statement accompanying an industrial hemp product; 

(33) "landrace" means not systematically selected and marketed and not 

developed by plant breeders; 

(34) "marketing" includes 

(A) promoting or selling a product within the state, in another state, or 

outside ofthe United States; and 

(B) efforts to advertise and gather information about the needs or 

preferences of potential consumers or suppliers; 

(35) "peace officer" has the meaning given in AS 01.10.060; 

(36) "person" has the meaning given in AS 01.10.060; 

(37) "plant part" or "part" includes 

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(A) whole or partial unprocessed plants, including stalk, leaf, seed, floral, 

root materials, oils, resin, or wax; 

(B) raw roots; 

(C) fresh, unprocessed, dried, or ground leaves or floral material; 

(D) rooted plants, cuttings, propagules, or clones; or 

(E) any other portion of an industrial hemp plant; 

(38) "ppm" means parts per million; 

(39) "processing" means all means of converting, extracting, refining, altering, 

manufacturing, or turning industrial hemp into finished industrial hemp or an industrial hemp 

product ready for market; 

(40) "process lot" means any amount of hemp, hemp concentrate, or extract of 

the same type that is processed at the same time using the same extraction methods, standard 

operating procedures, and batches from the same or a different harvest lot; 

(41) "produce industrial hemp," as set out in AS 03.05.076(b)(l), 

(A) includes growing, harvesting, possessing, transporting, processing, 

selling or buying industrial hemp or an industrial hemp product; 

(B) does not include a consumer's provision of compensation to a 

registrant for industrial hemp or an industrial hemp product; 

(42) "prohibited variety" means a variety or strain of cannabis excluded from the 

Alaska Industrial Hemp Pilot Program; 

(43) "propagation" means the reproduction of hemp plants by seed, cutting, 

grafting, or in vitro; 

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(44) "propagule" means a plant or plant part that can be utilized to grow a new 

plant; 

(45) "quarantine" means, at the election ofthe division, either 

(A) keeping industrial hemp or an industrial hemp product segregated, but 

in place and in the custody ofthe registrant; or 

(B) removing industrial hemp or an industrial hemp product to a location 

designated by the division and in the division's custody; 

(46) "registered grower" means a person in the state authorized by the division to 

cultivate, plant, grow, handle, harvest, condition, store, distribute, or transport industrial hemp, 

plants, plant parts, grain, or seed in the state; 

(47) "registered processor" means a person in the state authorized by the division 

to process, handle, store, or process industrial hemp plants, plant parts, or grain and take part in 

any aspect of turning raw, harvested industrial hemp into an industrial hemp product in the state; 

(48) "registered retailer" means a person in the state authorized by the division to 

receive compensation for, or offer for free, industrial hemp or an industrial hemp product after 

registration, and, if applicable, a product endorsement, to a consumer; 

(49) "registrant" means a person possessing one or more industrial hemp 

registrations issued by the division under the authority ofthis chapter and AS 03.05.077; 

(50) "registration" means an instrument permitting an applicant to participate in 

the Alaska Industrial Hemp Pilot Program subject to its terms and the provisions of this chapter; 

(51) "sample" means an amount of industrial hemp or industrial hemp product 

selected for testing; 

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(52) "seed" means an industrial hemp plant's unit of sexual reproduction intended 

to be planted for germination; 

(53) "solvent" means a substance that is capable of dissolving or dispersing one 

or more other substances; 

(54) "signing authority" means the permissibility for an adult individual or an 

officer or agent of a legal entity to validly enter a binding agreement; 

(55) "test batch" means a group of samples submitted collectively for testing; 

(56) "THC" means total composite tetrahydrocannabinol, including delta-9-

tetrahydrocannabinol and tetrahydrocannabinolic acid; 

(57) "variety" means a subdivision of a species that is 

(A) uniform, in the sense that the variations in essential and distinctive 

characteristics are describable; 

(B) stable, in the sense that the variety will remain unchanged in its 

essential and distinctive characteristics and its uniformity ifreproduced or reconstituted 

as required by the different categories of varieties; and 

(C) distinct, in the sense that the variety can be differentiated by one or 

more identifiable morphological, physiological, other characteristics from all other 

publicly known varieties, or other characteristics from all other publicly known varieties; 

(58) "wild" means growing in the natural environment, not domesticated or 

cultivated. (Eff. !J...J!L}l/,dlo , Register ~'I) 

Authority: AS 03.05.010 AS 03.05.050 AS 03.05.077 

AS 03.05.030 AS 03.05.076 AS 03.05.100 

72 
 

 

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LAWS OF ALASKA 

2021

Source Chapter No. 

CSSB 27(RES) _______ 

AN ACT

Relating to industrial hemp; and providing for an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

THE ACT FOLLOWS ON PAGE 1

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AN ACT

Relating to industrial hemp; and providing for an effective date.

* Section 1. AS 03.05.010(a) is amended to read: 

(a) The commissioner of natural resources shall 

(1) direct, administer, and supervise promotional and experimental 

work, extension services, and agricultural projects for the purpose of promoting and

developing commercial and noncommercial agricultural industry in the state, 

including horticulture, dairying, cattle raising, fur farming, grain production, vegetable

production, and agricultural products; 

(2) procure and preserve all information pertaining to developing the 

agricultural industry in the state and disseminate that information to the public; 

(3) assist prospective settlers and others to engage in the agricultural

industry in the state by providing information about activities and programs essential

to developing the agricultural industry and areas in the state that are suitable for 

agriculture; 

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(4) review the marketing, financing, transportation, and development 

of agricultural products in the state, with special emphasis on local production, and 

negotiate for the marketing of agricultural products of the state with federal and state 

agencies operating in the state;

(5) regulate and control the entry in the state and the transportation,

sale, or use in the state of plants, seeds, vegetables, shell eggs, fruits and berries,

nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and

agricultural chemicals to prevent the spread of pests, diseases, or toxic substances

injurious to the public interest and protect the agricultural industry against fraud, 

deception, and misrepresentation; for purposes of this paragraph, the commissioner 

may require registration, inspection, and testing [,] and may establish procedures and 

fees;

(6) regulate the farming of elk in a manner similar to the manner in

which the commissioner regulates domestic animals and livestock, to the extent that is

appropriate; 

(7) adopt regulations relating to industrial hemp, including regulations

that

(A) specify approved sources or varieties of hemp seed to be 

grown, sold, or offered for sale by an individual registered to produce 

industrial hemp; 

(B) require testing, paid for by the registrant, for delta-9-

tetrahydrocannabinol concentration following harvest of the industrial hemp; 

(C) provide for general production practices to avoid the

unintended distribution of industrial hemp seeds by registrants into

nonagricultural land; 

(D) establish isolation distances for the production of industrial

hemp; in this subparagraph, "isolation distance" means the minimum

separation required between two or more varieties of the plant (genus) 

Cannabis for the purpose of keeping the seed pure;

(E) permit manufacturing and retail sale of industrial hemp

and products made from industrial hemp; 

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(F) establish a registration and renewal procedure for a 

participant in the industrial hemp program developed under

AS 03.05.076; 

(8) submit a list of individuals registered to produce industrial hemp 

under AS 03.05.076 and the expiration dates of the registrations to the Marijuana 

Control Board and the Department of Public Safety;

(9) regulate the labeling of seed that does not comply with the 

requirements of AS 03.20.130. 

* Sec. 2. AS 03.05.010(c) is amended to read: 

(c) The commissioner of natural resources shall notify the Marijuana 

Control Board and the Department of Public Safety when the commissioner

issues a stop order. The commissioner of natural resources 

(1) shall issue a stop order to a [ANY] person 

(A) not registered under AS 03.05.076 who is found to be

producing a plant [PRODUCT] with delta-9-tetrahydrocannabinol; or

(B) registered under AS 03.05.076 who is found to be 

producing a plant with delta-9-tetrahydrocannabinol over one percent;

and

(2) may issue a stop order to a person registered under

AS 03.05.076 who is found to be producing a plant with delta-9-

tetrahydrocannabinol between 0.3 percent and one percent [OVER 0.3

PERCENT, REGARDLESS OF WHETHER THE PERSON IS REGISTERED

UNDER AS 03.05.076. THE COMMISSIONER OF NATURAL RESOURCES

SHALL NOTIFY THE MARIJUANA CONTROL BOARD AND THE

DEPARTMENT OF PUBLIC SAFETY WHEN THE COMMISSIONER ISSUES A

STOP ORDER].

 * Sec. 3. AS 03.05.076(a) is amended to read: 

(a) Industrial hemp is an agricultural crop in the state. An individual who 

produces industrial hemp shall apply to the department for registration under this 

section. Registration is valid for one year but may be renewed. An application for 

registration or renewal must be on a form prescribed by the department that includes 

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(1) the name and address of the applicant; 

(2) the address and global positioning system coordinates of the area to 

be used for the production of industrial hemp; and 

(3) a signed statement by the applicant, made under the penalty of

perjury, affirming that the applicant 

(A) has not been convicted of a felony related to a

controlled substance in this or another jurisdiction within the 10 years 

immediately preceding the date of application; or

(B) was lawfully growing hemp before December 20, 2018,

and was not convicted of a felony related to a controlled substance in this

or another jurisdiction after that date. 

* Sec. 4. AS 03.05.076(e) is amended to read: 

(e) The department [MAY]

(1) shall issue a stop-sale order and issue a violation notice to a person 

who is producing industrial hemp without a current registration; 

(2) may adopt regulations regarding approved shipping documentation

for the transportation of industrial hemp; 

(3) may conduct random tests and inspections of industrial hemp for

delta-9-tetrahydrocannabinol concentration produced by an individual registered under

this section. 

* Sec. 5. AS 03.05.076 is amended by adding a new subsection to read: 

(i) The department may develop an industrial hemp program that complies

with federal requirements and submit a program plan to the United States Department

of Agriculture for approval. 

* Sec. 6. AS 03.05.079 is amended to read: 

Sec. 03.05.079. Production in violation of delta-9-tetrahydrocannabinol

limit. Notwithstanding AS 11.71.040 - 11.71.060, an individual registered under 

AS 03.05.076 to produce industrial hemp whose product has a delta-9-

tetrahydrocannabinol content between 0.3 percent and one percent may retain and 

recondition the product as provided in AS 03.05.076(b)(4) [IS GUILTY OF A

VIOLATION].

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 * Sec. 7. AS 03.05.079 is amended by adding a new subsection to read: 

(b) An individual who retains but fails to recondition an industrial hemp 

product described in (a) of this section is guilty of a violation. 

* Sec. 8. AS 03.05.100(5) is amended to read:

(5) "industrial hemp" means [ALL PARTS AND VARIETIES OF] the 

plant Cannabis sativa L. and any part of that plant, including its seeds and all

derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, 

whether growing or not, with a delta-9-tetrahydrocannabinol concentration of

[CONTAINING] not more than 0.3 percent on a dry-weight basis [DELTA-9-

TETRAHYDROCANNABINOL].

 * Sec. 9. AS 03.05.077 is repealed.

 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to

read:

CONDITIONAL EFFECT; NOTIFICATION TO REVISOR OF STATUTES. (a)

Section 9 of this Act takes effect only if the United States Department of Agriculture approves 

an industrial hemp program plan submitted by the Department of Natural Resources under 

AS 03.05.076(i) before January 1, 2030.

(b) If the United States Department of Agriculture approves an industrial hemp

program submitted under AS 03.05.076(i), the commissioner of natural resources shall notify

the revisor of statutes not later than 30 days after receiving notice of the approval. 

* Sec. 11. If, under sec. 10(a) of this Act, sec. 9 of this Act takes effect, it takes effect on the 

day after the date on which the revisor of statutes receives notice from the commissioner of

natural resources under sec. 10(b) of this Act.

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..........~-~ . .,,, 

T. 2 0 'lo 

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Alaska Division of Agriculture 

Hemp Program 

Raw Hemp Sampling Guidance 

Sampling Guidelines for Sampling Agents Only. 

A registered grower of industrial hemp in the State of Alaska shall have all industrial hemp produced, sampled by 

Division of Agriculture Staff or authorized representative of the Division only. A registered grower may not harvest 

industrial hemp until the Division, or an authorized representative collected and tested one or more samples from 

the harvest lot in compliance with 11 AAC 40.85 or 11 AAC40.290 and is in compliance with 11 AAC 40.600 -

llAAC 40.665. The Division shall sample each harvest lot no greater than 30 days before harvest. 

• The Division shall collect the minimum number of samples from each harvest lot in accordance with Table 

1. 

• The Division will collect samples from the top 12 inches of each plant. 

• All samples shall be collected will contain the central inflorescence of each sampled plant. 

• If no floral material is visible during the sampling period, the top 12 inches of each sampled plant shall be 

taken from the dominate central leader. 

• Each plant sample from each harvest lot sha ll be collected, bagged, sealed and labeled prior to leaving the 

production area or beginning the sampling process for another noncontiguous harvest lot. 

• Each sampled harvest lot collected shall be sea led in a kraft bag and labeled with permanent marker with 

the following; 

o Grower registration number 

o Sample Identification Number 

o Dated and Time of sample completion. 

o And the initials of the sampler. 

• All sampling agents will wear new nitrile gloves while sampling each harvest lot. 

• Harvest devices will be cleaned with ethanol between each harvest lot. 

Table 1. 

Harvest Lot Sample Size 

Production Area 

(Outdoors) 

Number of 

Samples 

Production Area 

(lndoor/GH} 

Number of 

Samples 

Up to one Acre 5 Up to 3K sqft 3 

1-5 Acres 20 3K - 20K sqft 7 

5-10 Acres 35 20K - 45K sqft 10 

> 10 Acres 35* > 45K sqft 10* 

* one additional rand om sample per acre. * one additional sample per 22.5K square feet