A federal magistrate judge has ruled that the state of Alaska did not violate the U.S. Constitution when it acted to limit intoxicating hemp products in 2023.
In an order published May 23, Magistrate Judge Kyle Reardon granted summary judgment in favor of the state and against the Alaska Industrial Hemp Association, which sued two years ago in an attempt to overturn regulations imposed by the Alaska Department of Natural Resources.
The court order means intoxicating hemp products, common in many other states, will remain illegal in Alaska unless sold through a licensed marijuana retailer.
“It was rewarding to be part of the process developing the regulations, and I was happy when we successfully defended against the motion for a preliminary injunction in 2023,” said Assistant Attorney General Kevin Higgins, by email. Higgins represented the state in the case.
“I’m not patting myself on the back too hard though,” he said. “The Division of Agriculture was motivated by public safety concerns when it took measured action to regulate an emerging industry. This was an easy case to make, which is probably why the plaintiffs didn’t file an opposition to the motion for summary judgment.”
An attorney representing the plaintiff did not answer a request for comment on Wednesday.
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