Alaska Businesses’ Packages Containing CBD Get Confiscated

Products containing CBD, cannabidiol, the non-psychoactive compound in marijuana, were confiscated from 10 different shops in Alaska. Packages containing the CBD leaked and prompted the postal service to contact the state to report the issue.

The items were confiscated because they were found to be non-compliant of the state’s seed-to-sale tracking system, according to ADN.com. The items seized included CBD-infused gum, chocolate bars and oils. In total, roughly 1,500 individual items containing CBD were seized.

Business owners statewide were unaware that CBD products were considered to be marijuana and disagree with the state definition of the product.

Caleb Saunders, owner of Green Jar, said, “I still don’t think they had any right to take my product….it’s just not a fight I can afford to make.”

Given that the products being shipped to Alaska marijuana shops were made from the hemp plant and not the marijuana plant, the business owners affected do not believe that these products should follow the same regulatory processes as products derived from marijuana plants. Alaska’s law does not separate hemp and marijuana – while they are in the same plant family, they are not the same.

A decision was given on February 17. The Marijuana Control Board determined that CBD products are marijuana. The only noted exception is when the CBD oil is made from hemp seeds.

The good news for the businesses affected is that they won’t receive any punitive violations, they received notices. These notices, however, still count toward cumulative violation numbers.

Some business owners may plan an appeal of the decision, but no concrete decision has been offered yet.

As Alaska considers legalizing industrial hemp, this issue may be completely invalid if industrial hemp legislation passes.

Policy expert John Hudak said, “I haven’t found a producer in all of my travels who has produced a pure CBD extract (without THC).”

Given that CBD products are likely to contain a trace amount of THC, it can still fall under federal prohibition law. The battle over CBD’s legality continues.