It was probably because this case was easy to prove that the plaintiffs did not file an objection to the motion for Summary Judgment.
By James Brooks, Alaska Beacon
The federal magistrate court ruled in favor of Alaska’s decision to restrict intoxicating products made from hemp in 2023.
A summary judgment was granted by Magistrate Kyle Reardon in an order published on the 23rd of May in favor of Alaska Industrial Hemp Association. They had filed a lawsuit two years prior to try and overturn the Alaska Department of Natural Resources regulations.
According to the court’s order, intoxicating products made from hemp are illegal in Alaska except if they are sold through licensed marijuana retailers.
Kevin Higgins (Assistant Attorney General) said, „It’s been rewarding being part of the development process for the regulations. I am happy that we were able to successfully defend against a motion for preliminary injunction 2023.” Higgins acted as the representative of the state.
He added, „I am not patting my back on too many occasions.” When the Division of Agriculture did its best to regulate this emerging industry, it was driven by concerns about public safety. It was a simple case, and that’s probably why plaintiffs did not file a motion to dismiss the summary judgment.
A lawyer representing the plaintiff failed to respond Wednesday when asked for comment.
Alaska legalized recreational marijuana in 2014. In 2014, Alaska legalized the sale and use of marijuana for recreational purposes.
Under a 2018 federal law and a state law enacted in 2021, cannabis plants that contain less than 0.3 percent THC—a common psychoactive chemical—were considered hemp, not the more tightly regulated marijuana.
The state marijuana regulator does not restrict the sale of intoxicating hemp products, even though they contain small quantities of psychoactive chemicals. They can be obtained, extracted and processed to create them at local convenience stores, petrol stations and other outlets.
The hemp industry is a winner because marijuana marketing on social media sites has been restricted.
The task force, organized by Governor Browne, was formed to address the concerns of marijuana retailers. Mike Dunleavy’s (R) recommendation that state regulations be enacted to limit hemp products which are intoxicating was endorsed by the Governor.
Alaska Division of Agriculture implemented those laws in 2023. This led to the litigation that has been resolved this month.
Plaintiffs argued the regulations of the division violated the supremacy clause in the Constitution, the clause on dormant trade, constitutes a regulatory taking, and is void due to vagueness.
Reardon’s rulings in both cases were against plaintiffs, and for the State.
Sharon Gleason, a U.S. District Judge, rejected a motion for a temporary injunction at the beginning of the litigation, allowing state officials to continue to enforce their regulations.
Enforcement officers with the Division of Agriculture and Alaska Alcohol and Marijuana Control Office seized product from Anchorage businesses and Fairbanks business in just this past year.
Trevor Haynes of the Alaska Marijuana Industry Association in Fairbanks, who is also the manager of one of Fairbanks’ marijuana businesses, says that although the organization has concerns about the way in which the state controls hemp, the regulations of intoxicating hemp-based products have been preserved by the court.
„That is one way to stop the development of a gray area where people will…basically sell marijuana under the guise of hemp,” he said.
He criticized the decision of Alaska to force hemp retailers to only sell products that are free from psychoactive substances. It is not economically viable for Alaskan small businesses to remove all traces of hemp. This requires expensive, specialized equipment.
„I run a hemp-only business so I get it on both sides. Although it is unfortunate and there may be an alternative solution, [the regulations are] „There’s certainly no way that intoxicating marijuana, also known as hemp under another name, could be grown in the State and sold there.”
Alaska Beacon was the first to publish this story.
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Kimzy Nanney is the photographer.