Alaska’s history with marijuana has had its ups and downs. Many of the ups and downs began in 1972 when an Alaskan resident was given a ticket for marijuana possession and the case ended up reaching Alaska’s Supreme Court. In 1975, the court ruled marijuana consumption constitutional in one’s own home, seeing that Alaska is a state where individuals enjoy their privacy. Later that year, marijuana was decriminalized, and within the next seven years, the permitted amount of marijuana possession increased, allowing the possession of four ounces in private locations and one ounce while in public. A short eight years later, in 1990, the laws flipped. It became a crime to possess any amount of marijuana both in private and in public. Fast forward twenty-five years to 2015, Alaska becomes one of the first states to legalize the use of recreational marijuana. Alaska has set out packaging and labeling regulations that must be followed to sell marijuana products.

Packaging

Marijuana or marijuana product must be sold in opaque, resealable, child-resistant packaging when the buyer leaves the retail section of the licensed premises. Packaging must protect product from contamination, toxins, or damaging substances and be designed or constructed to be significantly difficult for children under five years of age to open, but not difficult for adults to use properly. Containers and packaging for edible products cannot contain printed images including cartoon characters specifically targeted to individuals under 21 years of age.

Cultivation facilities must package bud and flower in packaging that does not exceed one ounce for resale to consumers, unless portioned by retail store. Wholesale packaging shall consist of a single strain or a mixture that is easily identifiable by the label. If marijuana is packed in bulk with multiple servings, the serving size and number of servings must be clearly marked. Licensed marijuana manufacturing facility may not exceed a ten-pound transfers to another license manufacturer or licensed retail store. When transporting or transferring marijuana it must be sealed in tamper-evident shipping containers and have a transport manifest included.

Labeling

Marijuana cultivation and product manufacturing facilities, that package product for retail stores without the need for re-packaging, shall affix labels to each package that include all necessary warning statements.Harvested batches sold by cultivation facilities must include in writing, information on the growing process and any chemicals used during the growth cycle. Additionally, the label must include name of licensed testing facility and any required tests performed as well as the results of each test. Cultivation and product facilities may not label marijuana as organic.

When selling marijuana or marijuana infused products to another establishment, facilities must affix labels that include growing information, net weight, pesticides used, and tracking number. Labels reporting information on the test for each harvested back must be included as well as well as cannabinoid potency as a range percentage from lowest to highest for each cannabinoid test per strain. If harvested batches have not been tested for contamination, labels for the batch must include a statement identifying the batch has not been tested. Labels in compliance with 2AAC 306.570(d) must be attached to the shipping container and a transport manifest included while transporting product.

For a more detailed explanation of the rules and regulations, download the packaging and regulations guide listed at the bottom. If you have more questions regarding packaging and labeling, please visit the AMCO website: https://www.commerce.alaska.gov/web/Portals/9/pub/MCB/StatutesAndRegulations/3AAC306%205.7.20.pdf, send an email to marijuana.licensing@alaska.gov or call (907) 269-0350.

*THC Label Solutions provides this document to serve as a guide and not as legal advice.