Alaska marijuana board weighs counting THCA toward the 10 mg edible limit

Marijuana Control Board considers total THC standard for edibles

Alaska edible makers would have to count more of a product's THC toward the same 10-milligram serving cap, under draft language before the Marijuana Control Board.

The draft amends the state's edible potency rule, 3 AAC 306.560. It strikes "active tetrahydrocannabinol (THC) or Delta 9" and replaces it with "total THC." A single serving would stay capped at 10 milligrams. A single packaged unit meant to be eaten or swallowed would stay capped at 10 servings, or 100 milligrams. The content must remain homogenous. Testing must comply with the board's laboratory testing rule, 3 AAC 306.645. The section heading swaps "transaction" for "package."

Board regulations define total THC as "the sum of THC and (0.877)*(THCA)," a formula that accounts for THCA converting to THC when heated. Board packet materials from November 2024 would add delta-8 THC to that definition. Products that pass under the active-THC standard could test over the total-THC threshold. Industry advocates argue the change could force reformulation.

The board raised edible limits from 5 milligrams per serving and 50 per package to 10 and 100 in a 2021 amendment written around active THC or Delta 9. A 2016 state public notice let labs report the sum of THC and THCA as total THC.

A second amendment in the same package rewrites 3 AAC 306.816(c), in effect since July 23, 2023. Under the rule, a licensee served with an accusation is entitled to a hearing under AS 44.62.390 before the Office of Administrative Hearings. Failing to file a notice of defense waives further appeal. Requesting an informal conference under 3 AAC 306.844 tolls the filing deadline.

The posted drafts carry blank effective dates. Regulations projects were on the agenda for the board's Wednesday and Thursday meeting in Anchorage. The materials include no comment from licensed manufacturers or testing labs.