Alaska proposes new THC labeling and marijuana appeal rules

Alaska's Department of Commerce, Community and Economic Development has proposed two amendments to the state's marijuana regulations. One changes how edible potency is measured. The other clarifies how licensees contest an accusation.

The first rewrites 3 AAC 306.560 to state limits in terms of "total THC" rather than active tetrahydrocannabinol or delta-9. A single serving may not exceed 10 milligrams of total THC. A single packaged unit meant to be eaten or swallowed may not exceed 10 servings or 100 milligrams. Potency must be tested under 3 AAC 306.645, and THC content must be homogenous, meaning evenly distributed throughout the product.

The second amends 3 AAC 306.816(c). A licensee served with an accusation is entitled to a hearing under AS 44.62.390, held before the Office of Administrative Hearings under AS 44.62.330 through 44.62.630. Under a section effective July 23, 2023, failing to file a notice of defense waives the right to further appeal. The new language adds that requesting an informal conference under 3 AAC 306.844 tolls the deadline for filing.

Both changes land on an industry already navigating repeated enforcement revisions. A 2022 notice signed by Jane P. Sawyer, regulations specialist for the Alcohol and Marijuana Control Office, said "3 AAC 306.810(b), regarding suspension or revocation of license, is amended by adding 'probation' as an action the board may take against the license, including imposing a civil fine." Comment on that package closed February 23, 2022, at 4:30 p.m.

Fines can reach $50,000 for a third or subsequent violation. AMCO has recommended probation alongside fines for Hidden Farms and for Tip Top Cannabis, where investigators tied an $8,000 fine to 32 transactions without ID checks. The Alaska Marijuana Industry Association and former board members Nick Miller and Brandon Emmett have called such enforcement overly punitive, echoing a national pattern of states retuning cannabis governance after legalization.