Alaska 34th Alaska State Legislature Status: Passed Senate Bipartisan · 8 R · 2 D cosponsors

SB208 — AGRICULTURAL LAND; HEMP; STATE VEGETABLE

Last action — CHAPTER 60 SLA 26

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced January 21, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Advancing 58% · high confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 10 sponsors

    1 primary, 9 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (8 R · 2 D) — cross-party backing.

  • Mixed recorded votes

    3 passed, 2 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill designates hemp as the official state vegetable.

This legislation officially recognizes hemp as the state vegetable. It reflects the significance of hemp in the state's agricultural landscape.

Bill Text

What changed in the latest version

501 added · 132 removed

Plain-language change summary

The key change in SB 208 is the addition of language that officially designates the O-S Cross cabbage, also known as "giant green cabbage," as Alaska's state vegetable. This designation could enhance state pride and promote local agricultural efforts. Furthermore, the bill emphasizes the promotion and development of agricultural uses on state land, which may aid in expanding Alaska's agricultural industry. These changes matter as they foster local identity and could potentially strengthen the state's economy through agricultural growth.

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34-LS0832\G SENATE BILL NO.
LAWS OF ALASKA Source Chapter No.
208 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY SENATORS BJORKMAN, Kiehl, Giessel, Yundt, Claman, Kaufman, Cronk, Rauscher, Tilton Introduced:
HCS CSSB 208(RES) am H _______ AN ACT Relating to industrial hemp;
1/21/26 Referred:
relating to the sale and lease of state land for agricultural uses;
Resources, Finance A BILL FOR AN ACT ENTITLED "An Act relating to leases of state land for agricultural purposes;
designating the O-S Cross cabbage, commonly known as "giant green cabbage," as the official state vegetable;
and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
and providing for an effective date.
* Section 1.
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1 Enrolled SB 208 AN ACT Relating to industrial hemp;
relating to the sale and lease of state land for agricultural uses;
designating the O-S Cross cabbage, commonly known as "giant green cabbage," as the official state vegetable;
and providing for an effective date.
_______________ * Section 1.
AS 03.05.010(a) is amended to read:
(a) The commissioner of natural resources shall (1) direct, administer, and supervise promotional and experimental work, extension services, and agricultural projects for the purpose of promoting and developing commercial and noncommercial agricultural industry in the state, including horticulture, dairying, cattle raising, fur farming, grain production, vegetable production, and agricultural products;
(2) procure and preserve all information pertaining to developing the agricultural industry in the state and disseminate that information to the public;
(3) assist prospective settlers and others to engage in the agricultural -1- Enrolled SB 208 industry in the state by providing information about activities and programs essential to developing the agricultural industry and areas in the state that are suitable for agriculture;
(4) review the marketing, financing, transportation, and development of agricultural products in the state, with special emphasis on local production, and negotiate for the marketing of agricultural products of the state with federal and state agencies operating in the state;
(5) regulate and control the entry in the state and the transportation, sale, or use in the state of plants, seeds, vegetables, shell eggs, fruits and berries, nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and agricultural chemicals to prevent the spread of pests, diseases, or toxic substances injurious to the public interest and protect the agricultural industry against fraud, deception, and misrepresentation;
for purposes of this paragraph, the commissioner may require registration, inspection, and testing and may establish procedures and fees;
(6) regulate the farming of elk in a manner similar to the manner in which the commissioner regulates domestic animals and livestock, to the extent that is appropriate;
(7) adopt regulations relating to industrial hemp, including regulations that (A) specify approved sources or varieties of hemp seed or propagation material to be grown, sold, or offered for sale by an individual registered to produce industrial hemp, including material certified under a federally approved hemp program, federally certified seed scheme, or recognized third-party certifier, without requiring grow-out trials conducted by the department;
(B) require testing, paid for by the registrant, for delta-9- tetrahydrocannabinol concentration following harvest of the industrial hemp, allowing for independently accredited laboratories and samplers;
(C) provide for general production practices to avoid the unintended distribution of industrial hemp seeds by registrants into nonagricultural land;
Enrolled SB 208 -2- (D) establish an isolation distance [DISTANCES] for the production of industrial hemp grown for certified or seed-purity production of at least 1,000 meters and recommend isolation distances for the productionofotherindustrialhemp;inthissubparagraph,"isolationdistance" means the minimum separation required between two or more varieties of the plant (genus) Cannabis for the purpose of keeping the seed pure;
(E) permit manufacturing and retail sale of industrial hemp and products made from industrial hemp;
(F) establish a registration and renewal procedure for a participant in the industrial hemp program developed under AS 03.05.076;
(G) establish a tiered testing frequency based on risk categories developed in regulation that considers crop history and past compliance;
(H) allow a harvest window of not more than 30 days after sample collection, with permissible extensions for weather or other good cause;
(I) establish tiered grower categories, including a micro- grower category, with scaled reporting, inspection, testing, and fee requirements;
(J) eliminate permits for in-state transportation of industrial hemp between registered parties when a shipment is accompanied by a certificate of analysis or other approved shipping documentation;
(K) establishcorrective-action-planprocedures to enforcean industrial hemp violation that prioritize compliance, include a written notice of the registrant's noncompliance, provide an opportunity for the registrant to cure the noncompliance, and establish objective criteria for escalation, including civil penalties, suspension, or revocation;
(8) submit a list of individuals registered to produce industrial hemp under AS 03.05.076 and the expiration dates of the registrations to the Marijuana Control Board and the Department of Public Safety;
(9) regulate the labeling of seed that does not comply with the -3- Enrolled SB 208 requirements of AS 03.20.130.
* Sec.
2.
AS 03.05.010(c) is amended to read:
(c) The commissioner of natural resources shall notify the Marijuana Control Board and the Department of Public Safety of a person's repeated or knowing violations of state statutes or regulations relating to industrial hemp.
Industrial hemp shall be tested using a federally compliant testing method that accounts for measurement uncertainty.
Noncompliant industrial hemp is industrial hemp that tests above 0.3 percent delta-9-tetrahydrocannabinol on a dry-weight basis [WHEN THE COMMISSIONER ISSUES A STOP ORDER].
The commissioner of natural resources shall (1) [SHALL] issue a stop order to a person [(A) NOT REGISTERED UNDER AS 03.05.076 WHO IS FOUND TO BE PRODUCING A PLANT WITH DELTA-9- TETRAHYDROCANNABINOL;
OR (B)] registeredunderAS 03.05.076whoisfoundtobeproducing a plant with delta-9-tetrahydrocannabinol over one percent;
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and (2) allow[MAYISSUEASTOP ORDER TO]apersonregistered under AS 03.05.076 who is found to be producing a plant with delta-9-tetrahydrocannabinol between 0.3 percent and one percent to retain and recondition, remediate, or convert the plant to a nonintoxicating industrial use before issuing a stop order requiring destruction of the plant.
* Sec.
3.
AS 03.05.010 is amended by adding a new subsection to read:
(e) The commissioner of natural resources may issue enforcement actions for an industrial hemp violation using the corrective action plan developed under (a)(7)(K) of this section.
* Sec.
4.
AS 03.05.076(a) is amended to read:
(a) Industrial hemp is an agricultural crop in the state.
An individual who produces industrial hemp shall apply to the department for registration under this section.
Registration is valid for one year but may be renewed.
An application for registration or renewal must be on a form prescribed by the department that includes (1) the name and address of the applicant;
Enrolled SB 208 -4- (2) the address and global positioning system coordinates of the area to be used for the production of industrial hemp;
and (3) the applicant's acreage or estimated plant count sufficient to determine the applicant's tiered grower category under AS 03.05.010(a)(7)(I) [A SIGNED STATEMENT BY THE APPLICANT, MADE UNDER THE PENALTY OF PERJURY, AFFIRMING THAT THE APPLICANT (A) HAS NOT BEEN CONVICTED OF A FELONY RELATED TO A CONTROLLED SUBSTANCE IN THIS OR ANOTHER JURISDICTION WITHIN THE 10 YEARS IMMEDIATELY PRECEDING THE DATE OF APPLICATION;
OR (B) WAS LAWFULLY GROWING HEMP BEFORE DECEMBER 20, 2018, AND WAS NOT CONVICTED OF A FELONY RELATED TO A CONTROLLED SUBSTANCE IN THIS OR ANOTHER JURISDICTION AFTER THAT DATE].
* Sec.
5.
AS 03.05.076(b) is amended to read:
(b) An individual registered under this section may (1) produce industrial hemp, including growing, harvesting, possessing, transporting, processing, selling, or buying industrial hemp;
(2) use any propagation method, including planting seeds or starts or using clones or cuttings to produce industrial hemp;
(3) retain industrial hemp seeds for thepurposeof propagating industrial hemp in future growing seasons [YEARS];
(4) retain and recondition, remediate, or convert any industrial hemp that tests between 0.3 percent and one percent delta-9-tetrahydrocannabinol on a dry- weight basis.
* Sec.
6.
AS 03.05.076(c) is amended to read:
(c) An individual registered under this section shall (1) comply with testing standards and procedures established by the commissioner of natural resources by regulation;
(2) maintain, for at least three years following the sale or transfer of industrial hemp, records showing -5- Enrolled SB 208 (A) the name and address of the person that received the industrial hemp;
(B) the amount of industrial hemp transferred;
(3) make the records required under (2) of this subsection available for inspection by the department during normal business hours if the department provides at least 10 [THREE] days' notice before inspecting the records.
* Sec.
7.
AS 03.05.076(d) is amended to read:
(d) The department shall (1) establish fee levels for application, registration, and renewal of registration so that the total amount of fees collected under this section approximately equals the regulatory costs for regulating the industrial hemp industry, with reduced or waived fees for micro-growers;
(2) annually review each fee level to determine whether the regulatory cost of industrial hemp is approximately equal to the fees collected;
(3) notify the Marijuana Control Board and the Department of Public Safetywhenthedepartmentissuesanoticeforarepeatedorknowing[ASTOP-SALE ORDER AND ISSUES A] violation [NOTICE] under this section;
(4) require an individual registered under this section whose industrial hemp tests over one percent delta-9-tetrahydrocannabinol to destroy the product so that it cannot be used for the purpose of reconditioning other hemp crops or gifted or transferred toanotherindividualotherthanforthe purposeofhaving theindustrialhemp destroyed in full form;
(5) issueanoticetoanindividualforarepeated orknowingviolation of state statutes or regulations relating to industrial hemp.
* Sec.
8.
AS 03.05.076(e) is amended to read:
(e) The department may (1) [SHALL] issue a stop-sale order and issue a violation notice to a person who is producing industrial hemp without a current registration;
(2) [MAY] adopt regulations regarding approved shipping documentation for the transportation of industrial hemp and eliminate permits for in- state transportation between registered parties;
Enrolled SB 208 -6- (3) [MAY] conduct random tests and inspections of industrial hemp for delta-9-tetrahydrocannabinol concentration produced by an individual registered under this section;random tests and inspections under this paragraph may userisk-based tiers with reduced frequency for low-risk growers, products, or production or testing methods approved by the department in regulation.
* Sec.
9.
AS 03.05.079 is amended to read:
Sec.
03.05.079.
Production in violation of delta-9-tetrahydrocannabinol limit.
(a) Notwithstanding AS 11.71.040 - 11.71.060, an individual registered under AS 03.05.076 to produce industrial hemp whose product has a delta-9- tetrahydrocannabinol content between 0.3 percent and one percent may retain and recondition, remediate, or convert the product as provided in AS 03.05.076(b)(4).
(b) An individual who retains but fails to recondition, remediate, or convert an industrial hemp product described in (a) of this section is guilty of a violation.
* Sec.
10.
AS 03.05.100 is amended by adding a new paragraph to read:
(6) "micro-grower" means an individual registered under AS 03.05.076 to produce industrial hemp whose product is cultivated on less than one-quarter of an acre or who has fewer than 200 plants, including indoor or greenhouse production.
* Sec.
11.
AS 38.04.020(i) is amended to read:
(i) Nothing in this section prevents the disposal of other land by the commissioner in accordance with AS 38.05.055, 38.05.057, 38.05.059, 38.05.070, the issuance of remote recreational cabin site leases or sales under AS 38.05.600, AS 38.08, AS 38.09, or other law.
* Sec.
12.
AS 38.05.059 is amended to read:
Sec.
38.05.059.
Sale of agricultural land.
The commissioner, after consulting with the Board of Agriculture and Conservation (AS 03.09.010), may provide for the sale of land classified under AS 38.05.020 [AS 38.05.020(b)(6)] for agricultural uses in parcels or tracts described by aliquot parts.
The parcels or tracts are subject to state subdivision requirements and municipal ordinances.
The commissioner shall publish a schedule that provides per-acre prices of land, based on the region within which the land is located.
The commissioner shall ensure that the schedule serves the best interest of the state.
The commissioner may set land sale prices below the market -7- Enrolled SB 208 rate.
Money from a sale of agricultural land shall be deposited in the state land disposal income fund (AS 38.04.022).
The commissioner may offer land classified for agricultural uses for sale at public auction under AS 38.05.057(c), by sealed bid under AS 38.05.055, or as provided in (b) of this section.
A parcel or tract sold under this section is subject to AS 38.05.321 and must be used for agricultural uses [SEPARATELY ACCOUNTED FOR AND MAY BE APPROPRIATED TO THE AGRICULTURAL REVOLVING LOAN FUND (AS 03.10.040)].
* Sec.
13.
AS 38.05.059 is amended by adding new subsections to read:
(b) Thedepartment may solicit applications forthepurchaseofstateagricultural land under this section after the director issues a written finding under AS 38.05.035(e) that the sale is in the best interests of the state and the department provides notice of the sale under AS 38.05.945.
A person may apply to purchase a parcel or tract of land offered for sale under this section by submitting an application to the department.
An application to purchase agricultural land must include (1) the specific land the applicant wants to purchase;
(2) a detailed summary of the proposed agricultural uses the land will be used for;
(3) a plan for soil and water conservation;
(4) information supporting the financial viability of the applicant's proposed agricultural uses for the land, including any marketing plans;
(5) the applicant's relevant qualifications, training, and experience;
and (6) additional information and requirements established by the department by regulation, including any application fees.
(c) The director shall, in consultation with the director of agriculture, evaluate an application submitted under this section using scoring criteria established in regulation by the department.
Criteria developed under this subsection must be flexible in application and account fortherangeoflandoffered underthis section and thevariety of agricultural uses that the land may accommodate.
The department may provide the applicable criteria, and how an application submitted under this section will be scored under those criteria, in a solicitation of interest for a particular parcel or tract.
The criteria must include Enrolled SB 208 -8- (1) the department's assessment of the feasibility and value of the proposed agricultural use;
(2) applicable conservation and stewardship considerations;
(3) applicant qualifications and experience;
and (4) financial viability of the proposed agricultural use.
(d) If the director, in consultation with the director of agriculture, finds, using the scoring criteria established under (c) of this section, that a sale of agricultural land to an applicant under (b) of this section is in the best interests of the ,tthe commissioner may sell the parcel or tract to the applicant.
If the director has received two or more applications for the same parcel or tract, the commissioner may sell the parcel or tract to the applicant whose proposal the director finds, using the scoring criteria established under (c) of this section, and after consulting with the director of agriculture, best serves the interests of the state.
An application for the purchase of state land under this section, including supporting documentation submitted to the department for review, is a public record subject to AS 40.25.110 - 40.25.220.
The commissioner shall publish all applications received for the purchase of the land, including supporting documentation submitted to the department, and the department's evaluation and scoring of the applications under (c) of this section.
An aggrieved applicant may appeal to the commissioner for a review of the director's finding within 20 days after receiving notice of the finding.
* Sec.
14.
AS 38.05.069(d) is amended to read:
(d) When not in conflict with this section, the provisions of (1) AS 38.05.045 - 38.05.105 apply to disposals under this section;
and (2) AS 38.05.084 apply to leases issued under this section.
* Sec.
15.
AS 38.05.070(c) is amended to read:
(c) A lease may be issued for a period up to 55 years, if the commissioner determines it to be in the best interests of the state.
The commissioner shall consider the useful life of any improvements proposed and approved under AS 38.05.075 in determining the term of the lease.
The [IF THE] commissioner may declare a lease void if the commissioner determines that (1) the land or a part of it which is the subject of a grazing lease is not -9- Enrolled SB 208 being used for the purpose issued;
or (2) land leased under AS 38.05.084 is not being used for agricultural uses [, THE LEASE MAY BE DECLARED VOID].
* Sec.
16.
A lease under this section, AS 38.05.075, or 38.05.810 may be renewed only once for a term not longer than the initial term of the lease.
A lease under (1) this section, AS 38.05.075, or 38.05.810 may be renewed only once for a term not longer than the initial term of the lease;
and (2) AS 38.05.084 may not exceed 20 years under AS 38.05.084(e) [.
THE DIRECTOR SHALL PROVIDE NOTICE OF THE LEASE RENEWAL DECISION].
2.
17.
(a) Except as provided in AS 38.05.035, 38.05.070, 38.05.073, 38.05.081, 38.05.082, 38.05.083, 38.05.084, 38.05.087, 38.05.102, 38.05.565, 38.05.600, SB0208A -1- SB 208 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0832\G 38.05.810, and this section, when competitive interest has been demonstrated or the commissioner determines that it is in the state's best interests, leasing shall be made at public auction or by sealed bid, at the discretion of the director, to the highest qualified bidder as determined by the commissioner.
(a) Except as provided in AS 38.05.035, 38.05.070, 38.05.073, 38.05.081, 38.05.082, 38.05.083, 38.05.084, 38.05.087, 38.05.102, 38.05.565, 38.05.600, 38.05.810, and this section, when competitive interest has been demonstrated or the commissioner determines that it is in the state's best interests, leasing shall be made at public auction or by sealed bid, at the discretion of the director, to the highest qualified bidder as determined by the commissioner.
In the public notice of a lease to be offered at public auction or by sealed bid, the commissioner shall specify a minimum acceptable bid and the lease compensation method.
In the public notice of a lease to be offered at public auction orby sealedbid, the commissionershall specify a minimum acceptablebid and thelease compensation method.
The commissioner shall require, under AS 38.05.860, qualified bidders to deposit a sum equal to any survey or appraisal costs reasonably incurred by another qualified bidder acting in accordance with the regulations of the commissioner or incurred by the department under AS 38.04.045 and AS 38.05.840.
The commissioner shall require, under AS 38.05.860, qualified bidders to Enrolled SB 208 -10- deposit a sum equal to any survey or appraisal costs reasonably incurred by another qualified bidder acting in accordance with the regulations of the commissioner or incurred by the department under AS 38.04.045 and AS 38.05.840.
3.
18.
Leases of state land for agricultural purposes.
Leases of state land for agricultural uses.
(a) The commissioner may lease state land for agricultural purposes.
(a) The commissioner may lease state land classified under AS 38.05.020 for agricultural uses.
State land that is not classified as agricultural land under AS 38.05.020(b)(6) may be leased for agricultural SB 208 -2- SB0208A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0832\G purposes under this section.
Money from the lease of agricultural land shall be deposited in the state land disposal income fund (AS 38.04.022).
A lease agreement under this section must include land use restrictions and authorizations consistent with the agricultural purpose of the lease.
The commissioner may offer agricultural land for lease to the public at public auction, by sealed bid under AS 38.05.075, by negotiation under AS 38.05.070, or as provided in this section.
(b) A person may apply to lease state land for agricultural purposes by submitting an application to the department.
State land that is not classified as agricultural land under AS 38.05.020 may also be leased for agricultural uses under this section.
An application to lease state land must include (1) the specific location, description, and amount of land the applicant wants to lease;
A lease issued under this section must include land use restrictions and authorizations consistent with the agricultural use of the lease.
(2) a detailed summary of the proposed purpose the land will be used for, including a management plan;
However, the commissioner shall permit a person leasing land under this section to construct housing for farmers and farm laborers if the construction accords with the person's agricultural development plan approved by the director under (c) of this section.
and (3) additional information and requirements established by the department in regulation, including any application fees.
(b) A person may apply to lease state land for an agricultural use under this section by submitting an application to the department.
(c) Upon receiving an application to use state land for agricultural purposes, the department shall solicit competitive interest by issuing a public notice in the manner prescribed in AS 38.05.945.
An application to lease agricultural land must include (1) the specific location, description, and amount of land the applicant wants to lease;
-11- Enrolled SB 208 (2) a detailed summary of the proposed agricultural uses the land will be used for;
(3) an agricultural development plan that (A) details proposed crop plans or livestock production;
(B) includes a timeline for agricultural production and infrastructure development on the land;
(C) provides how soil and water will be conserved;
(D) describes proposed infrastructure, including housing, support, or other auxiliary infrastructure;
(4) information supporting the financial viability of the proposal, including any marketing plans;
(5) the applicant's relevant qualifications, training, and experience;
and (6) additional information and requirements established by the department by regulation, including any application fees.
(c) The director shall, in consultation with the director of agriculture, evaluate an application submitted under this section using scoring criteria established in regulation by the department under AS 38.05.059(c).
Upon the director's request, an applicant may amend and resubmit an application provided under this section before the director approves or denies the application.
(d) If the director finds that a lease is in the best interests of the state, the department shall, upon receiving an application to lease state land for agricultural uses under this section, solicit competitive interest by issuing a public notice in the manner prescribed in AS 38.05.945.
If competing applications are received following notice, the applications will be awarded under (d) of this section.
If, following notice, the director has received only one application and finds, using the scoring criteria established in regulation by the department under AS 38.05.059(c), that the lease is in the best interests of the state, the commissioner may award a lease to the applicant.
(d) If the director receives two or more applications for the same land, the director shall award the lease based on the merit of the agricultural proposal, not the proposed monetary consideration, and may consider other reasonable factors, including the qualifications of the applicant, including whether the applicant has previous agricultural experience, the anticipated lease term, how the proposed use would accommodate concurrent use of the land, consistency with existing state area or management plans, and any additional requirements established by the director in regulation.
If, following notice, thedirectorhas received twoormore applications for the same land, the commissioner may award a lease to the applicant whose proposal the director finds, using the scoring criteria established in regulation by the department under AS 38.05.059(c), best serves the interests of the state, notwithstanding the proposed monetary consideration.
If one or more applicants have proposed using the land for agricultural purposes, the director shall consider each applicant's proposal and determine which proposed use is more appropriate for the selected state land.
An application for the lease of Enrolled SB 208 -12- state land under this section, including supporting documentation submitted to the department for review, is a public record subject to AS 40.25.110 - 40.25.220.
An application for a lease of state land under this section, including supporting documentation submitted to the department for review, is a public record subject to AS 40.25.110 - 40.25.220.
The commissioner shall publish all applications received for the lease of the land, including supporting documentation submitted to the department, and the department's evaluation and scoring of the applications under (c) of this section.
An aggrieved applicant may appeal to the commissioner for a review of the director's determination within 20 days after receiving notice of the determination.
An aggrieved applicant may appeal to the commissioner for a review of the director's finding within 20 days after receiving notice of the finding.
(e) Notwithstanding AS 38.05.070(f), a lease for state land under this section SB0208A -3- SB 208 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0832\G is for 10 years with an option for five-year renewals as long as the lessee continues to meet the terms of the lease.
(e) Notwithstanding AS 38.05.070(c) and (e), a lease for state land under this section may not exceed 20 years, with an option for renewal terms that may not exceed 20 years each, if the lessee continues to meet the conditions of the lease.
A lessee may apply to purchase the land after the lessee has used the land for agricultural purposes for at least seven years.
If a lessee does not use the land leased under this section for agricultural purposes for at least seven years, the lessee is not eligible to purchase the land.
(f) The director shall establish an agricultural fee schedule for compensation for a lease under this section.
The commissioner may terminate a lease under this section if the lessee fails to use the leased land for agricultural uses or otherwise fails to adhere to the terms and conditions of the agricultural development plan approved by the director under this section.
The fee schedule must ensure fair compensation to the state.
However, the commissioner may modify a lessee's agricultural development plan if the commissioner makes a written finding that the plan should be modified because of economic hardship or other extenuating circumstances.
Fees may be set below fair market rate.
(f) Land leased under this section may be subleased or assigned as provided in AS 38.05.095 if the sublessee or assignee agrees in writing to adhere to the terms and conditions of the agricultural development plan for the land approved by the director under this section and provides a copy of the agreement to the director.
(g) State land leased for agricultural purposes under this section is subject to appraisal under AS 38.05.840 only if the commissioner determines in writing that the site is subject to appraisal under AS 38.05.840.
(g) If the commissioner determines that it is in the best interests of the state to sell land leased under this section, the commissioner shall grant a lessee who has used the land for agricultural uses for at least seven years and who is in compliance with the terms and conditions of the lease a first option to purchase the land under AS 38.05.059.
(h) State land leased for agricultural purposes under this section is subject to survey under AS 38.04.045(b) only if the commissioner determines in writing that the site is subject to appraisal under AS 38.04.045(b).
Notwithstanding whether the land is classified as agricultural land under AS 38.04.020, land sold under this section is subject to AS 38.05.321.
(i) A lessee who violates a provision of this section may be assessed a civil penalty by the director.
If a lessee does not use the land leased under this section for agricultural uses for at least seven years, the lessee is not eligible for a preference under this subsection.
The director shall establish by regulation the maximum penalty to be imposed under this subsection and the minimum penalty to be imposed under this subsection.
(h) The director shall establish by regulation an agricultural fee schedule for -13- Enrolled SB 208 compensation for a lease under this section.
(j) In this section, "agricultural purposes" means (1) the commercial production of useful plants and animals;
Rent may be set below fair market rate.
(2) the construction of (A) housing for landowners and farm laborers;
(i) State land leased for agricultural uses under this section is subject to (1) appraisal under AS 38.05.840 only if the commissioner determines in writing that the site is subject to appraisal under AS 38.05.840;
(B) improvements for animals;
(2) survey under AS 38.04.045(b) only if the commissioner determines in writing that the site is subject to survey under AS 38.04.045(b);
or (C) improvements that are reasonably required for or related to agricultural use;
and (3) inspection by the department under (j) of this section to ascertain and enforce compliance with the terms and conditions of a lease under this section.
(3) the use of gravel reasonably required or related to agricultural production on the parcel conveyed;
(j) The department shall inspect land leased under this section at least once biennially.
and (4) removal and disposition of timber in order to bring agricultural land into use.
An inspection under this section, at the discretion of the department, may be conducted virtually or employ an unmanned aircraft system.
SB 208 -4- SB0208A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0832\G * Sec.
In this subsection, "unmanned aircraft system" has the meaning given in AS 18.65.909.
4.
(k) A lessee who violates a provision of this section may be assessed a civil penalty by the director.
The director shall establish by regulation a schedule of (1) applicable fines that a person may be required to pay under this section;
and (2) administrative and enforcement actions applicable to a violation of the terms and conditions of a lease issued under this section.
(l) The commissioner shall adopt regulations establishing a lease-purchase program under which, if a lessee purchases leased land under AS 38.05.059, the sale price of the land may be reduced by an amount equal to a portion of the lessee's lease payments made to the state.
The regulations must require that the lessee have used the land for agricultural uses during the lessee's tenancy to qualify for the program.
(m) In this section, "agricultural use" means (1) the commercial production of useful plants and animals;
(2) the construction of improvements for animals or improvements that are reasonably required for or related to agricultural use;
(3) the use of gravel reasonably required for or related to agricultural production on the leased land;
and (4) the removal and disposal of timber on the leased land to bring the land into agricultural use.
Enrolled SB 208 -14- * Sec.
19.
Except for a lease under AS 38.05.081, [OR] 38.05.083, or 38.05.084, if land within a leasehold created under AS 38.05.070 - 38.05.105 is offered for sale or long-term lease at the termination of the existing leasehold, the director may, upon a finding that it is in the best interest of the state, allow a holder in good standing of the existing leasehold to purchase or lease the land for its appraised fair market value at the time of the sale or long-term lease.
Except for a lease under AS 38.05.081, [OR] 38.05.083, or 38.05.084, if land within a leasehold created under AS 38.05.070 - 38.05.105 is offered for sale or long-term lease at the termination of the existing leasehold, the director may, upon a finding that it is in the best interest of thestate, allow a holder in good standing of the existing leasehold to purchase or lease the land for its appraised fair market value at the time of the sale or long-term lease.
If land within a leasehold created under AS 38.05.084 is offered for sale, the director may, upon a finding that it is in the best interests of the state, allow a holder of the lease to purchase the land under AS 38.05.059.
5.
20.
This Act takes effect January 1, 2027.
AS 38.05.321(g) is amended to read:
SB0208A -5- SB 208 New Text Underlined [DELETED TEXT BRACKETED]
(g) A perpetual covenant described in (a) of this section may be enforced by the department under (k) of this section or [ONLY] by a civil action brought by the state, a municipality, or a resident.
If a municipality or a resident brings an action under this subsection, the municipality or resident shall also serve a copy of the summons and complaint on the state in the manner prescribed by the Alaska Rules of Civil Procedure for service on the state.
An action may be maintained under this subsection only if (1) commenced within six years after the cause of action has accrued;
and (2) theplaintiffhas first notified inwriting theappropriate soil and water conservation district under AS 41.10 of the violation of the covenant at least 90 days before the civil action is filed.
* Sec.
21.
AS 38.05.321 is amended by adding a new subsection to read:
(k) If a landowner does not cooperate with a soil and water conservation district as required by (d)(1) of this section, fails to prepare and implement a schedule of agricultural development required by the commissioner under (d)(2) of this section, or violates the covenant described in (a) of this section, the department may assess civil penalties.
In accordance with a schedule adopted in regulation, the department may assess and collect these and other civil penalties for violations of this section and regulations adopted under this section.
* Sec.
22.
AS 43.61.010 is amended by adding a new subsection to read:
-15- Enrolled SB 208 (g) The tax imposed by (a) of this section does not apply to industrial hemp produced in compliance with AS 03.05.076 or to a product made from industrial hemp if the product contains not more than 0.3 percent delta-9-tetrahydrocannabinol content on a dry-weight basis as determined by testing that complies with the requirements of AS 03.05.010(c).
* Sec.
23.
AS 44.09 is amended by adding a new section to read:
Sec.
44.09.055.
State vegetable.
The O-S Cross cabbage (Brassica oleracea var.
capitata), commonly known as "giant green cabbage," is the official vegetable of the state.
* Sec.
24.
The uncodified law of the State of Alaska is amended by adding a new section to read:
TRANSITION:
REGISTRANTS.
(a) An individual who held a valid registration under AS 03.05.076 during the period between January 1, 2021, and December 31, 2025, and whose registration lapsed solely as a result of regulatory action by the Department of Natural Resources during the period between January 1, 2024, and December 31, 2025, is eligible for reinstatement following application without paying a renewal of registration fee.
(b) The Department of Natural Resources may not require the destruction of industrial hemp or a product made from industrial hemp that is lawfully held by a registrant under (a) of this section if the industrial hemp or product made from industrial hemp satisfies the testing standards in AS 03.05.076(c), as amended by sec.
6 of this Act.
* Sec.
25.
The uncodified law of the State of Alaska is amended by adding a new section to read:
TRANSITION:
REGULATIONS.
The Department of Natural Resources may adopt regulations necessary to implement secs.
1 - 10, 22, and 24 of this Act.
The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law implemented by the regulation.
* Sec.
26.
Sections 23 and 25 of this Act take effect immediately under AS 01.10.070(c).
* Sec.
27.
Sections 1 - 10, 22, and 24 of this Act take effect July 1, 2026.
* Sec.
28.
Except as provided in secs.
26 and 27 of this Act, this Act takes effect January 1, 2027.
Enrolled SB 208 -16-
View plain text versions (5)

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing laws related to industrial hemp regulation and designates a new state vegetable.

  • AS 03.05.010(a)

    including regulations that (A) specify approved sources or varieties of hemp seed or propagation material to be grown, sold, or offered for sale by an individual registered to produce industrial hemp, including material certified under a federally approved hemp program, federally certified seed scheme, or recognized third-party certifier, without requiring grow-out trials conducted by the department;

    It adds specific regulatory responsibilities for the commissioner concerning industrial hemp seed sources.

  • AS 03.05.010(c)

    Noncompliant industrial hemp is industrial hemp that tests above 0.3 percent delta-9-tetrahydrocannabinol on a dry-weight basis [WHEN THE COMMISSIONER ISSUES A STOP ORDER]. → Noncompliant industrial hemp is industrial hemp that tests above 0.3 percent delta-9-tetrahydrocannabinol on a dry-weight basis.

    It removes the condition of issuing a stop order related to testing noncompliant industrial hemp.

  • AS 03.05.010(c)(1)

    SHALL

    It mandates the issuance of a stop order to individuals with certain THC levels.

  • AS 03.05.010(c)(2)

    MAY ISSUE A STOP ORDER TO → allow

    It allows a registered individual to retain and remediate noncompliant hemp before being issued a stop order.

  • AS 03.05.010

    The commissioner of natural resources may issue enforcement actions for an industrial hemp violation using the corrective action plan developed under (a)(7)(K) of this section.

    It grants the commissioner the authority to issue enforcement actions based on a corrective action plan.

  • AS 03.05.076(a)

    A SIGNED STATEMENT BY THE APPLICANT, MADE UNDER THE PENALTY OF PERJURY, AFFIRMING THAT THE APPLICANT (A) HAS NOT BEEN CONVICTED OF A FELONY RELATED TO A CONTROLLED SUBSTANCE IN THIS OR ANOTHER JURISDICTION WITHIN THE 10 YEARS IMMEDIATELY PRECEDING THE DATE OF APPLICATION; OR (B) WAS LAWFULLY GROWING HEMP BEFORE DECEMBER 20, 2018, AND WAS NOT CONVICTED OF A FELONY RELATED TO A CONTROLLED SUBSTANCE IN THIS OR ANOTHER JURISDICTION AFTER THAT DATE.

    It removes the requirement for applicants to affirm a felony conviction history regarding controlled substances.

  • AS 03.05.076(b)(3)

    YEARS

    It changes the retention period of industrial hemp seeds from years to unspecified time.

  • AS 03.05.076(d)(3)

    A STOP-SALE ORDER AND ISSUES A VIOLATION [NOTICE] under this section;

    It specifies that the department must notify other agencies only when it encounters certain violations.

  • AS 03.05.076(e)(1)

    SHALL → MAY

    It changes the requirement for issuing stop-sale orders from mandatory to discretionary.

  • AS 03.05.076(e)(2)

    MAY → MAY

    It allows the department to regulate shipping documentation and eliminates some permits.

Action History

  1. (S) MANIFEST ERROR(S)

  2. (S) AWAITING TRANSMITTAL TO GOV

  3. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  4. (S) CONCUR AM OF (H) Y17 N3

  5. (S) CONCUR MESSAGE READ AND TAKEN UP

  6. (H) VERSION: HCS CSSB 208(RES) AM H

  7. (H) TRANSMITTED TO (S) AS AMENDED

  8. (H) CROSS SPONSOR(S): ELAM

  9. (H) TITLE CHANGE: HCR 26

  10. (H) EFFECTIVE DATE(S) SAME AS PASSAGE

  11. (H) PASSED Y39 N1

  12. (H) READ THE THIRD TIME HCS CSSB 208(RES) AM H

  13. (H) ADVANCED TO THIRD READING UC

  14. (H) AM NO 5 FAILED Y19 N21

  15. (H) AM NO 4 FAILED Y19 N21

  16. (H) ...CHANGES TITLE OF LEGISLATION

  17. (H) AM NO 3 ADOPTED UC

  18. (H) AM NO 2 NOT OFFERED

  19. (H) BEFORE HOUSE IN SECOND READING

  20. (H) MOVED TO BOTTOM OF CALENDAR

  21. (H) ...CHANGES TITLE OF LEGISLATION

  22. (H) AM NO 1 ADOPTED UC

  23. (H) RES HCS ADOPTED UC

  24. (H) READ THE SECOND TIME

  25. (H) RULES TO CALENDAR 5/17/2026

  26. (H) FN2: ZERO(DNR)

  27. (H) NR: COULOMBE, HALL, SADDLER, ELAM

  28. (H) DP: FIELDS, MEARS, DIBERT, FRIER

  29. (H) RES RPT HCS(RES) 4DP 4NR

  30. (H) Moved HCS CSSB 208(RES) Out of Committee -- Delayed to a Call of the Chair --

  31. (H) RESOURCES at 01:00 PM BARNES 124

  32. (H) RES

  33. (H) READ THE FIRST TIME - REFERRALS

  34. (S) VERSION: CSSB 208(RES)

  35. (S) TRANSMITTED TO (H)

  36. (S) COSPONSOR(S): RAUSCHER, TILTON

  37. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  38. (S) PASSED Y20 N-

  39. (S) READ THE THIRD TIME CSSB 208(RES)

  40. (S) COSPONSOR(S): KIEHL, GIESSEL, YUNDT, CLAMAN, KAUFMAN, CRONK

  41. (S) ADVANCED TO THIRD READING 5/13 CAL

  42. (S) RES CS ADOPTED UC

  43. (S) READ THE SECOND TIME

  44. (S) RULES TO CALENDAR 5/12/2026

  45. (S) FN2: ZERO(DNR)

  46. (S) NR: STEDMAN, KAUFMAN, CRONK, MERRICK

  47. (S) DP: OLSON, HOFFMAN, KIEHL

  48. (S) FIN RPT CS(RES) 3DP 4NR

  49. (S) Minutes (SFIN)

  50. (S) Moved CSSB 208(RES) Out of Committee -- Please Note Time Change --

  51. (S) FINANCE at 01:30 PM SENATE FINANCE 532

  52. (S) Heard & Held

  53. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  54. (S) FN1: ZERO(DNR)

  55. (S) AM: KAWASAKI

  56. (S) NR: DUNBAR, CLAMAN

  57. (S) DP: GIESSEL, MYERS

  58. (S) RES RPT CS 2DP 2NR 1AM NEW TITLE

  59. (S) Moved CSSB 208(RES) Out of Committee

  60. (S) RESOURCES at 03:30 PM BUTROVICH 205

  61. (S) Heard & Held

  62. (S) RESOURCES at 03:30 PM BUTROVICH 205

  63. (S) Heard & Held

  64. (S) RESOURCES at 03:30 PM BUTROVICH 205

  65. (S) RES, FIN

  66. (S) READ THE FIRST TIME - REFERRALS

  67. (S) Prefile released 1/16/26

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 55 not signed on · 25 voted No

Sponsors (1)

Not signed on (55)

55 members have not signed on to this bill.

Show all 55 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 17 Yea · 3 Nay
Party YeaNayPresentNot Voting
R 11000
D 6300
Total 17300
% of votes cast 85%15%0%0%
How each member voted (20)

Official roll call →

Failed 19 Yea · 21 Nay
Party YeaNayPresentNot Voting
R 18200
D 01400
N 0500
Unaffiliated 1000
Total 192100
% of votes cast 48%53%0%0%
How each member voted (40)

Official roll call →

Failed 19 Yea · 21 Nay
Party YeaNayPresentNot Voting
R 18200
D 01400
N 0500
Unaffiliated 1000
Total 192100
% of votes cast 48%53%0%0%
How each member voted (40)

Official roll call →

Passed 39 Yea · 1 Nay
Party YeaNayPresentNot Voting
R 20000
D 14000
N 4100
Unaffiliated 1000
Total 39100
% of votes cast 98%3%0%0%
How each member voted (40)

Official roll call →

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
R 11000
D 9000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB208?
SB208 is sponsored by Bill Elam (R), Mike Cronk (R), James Kaufman (R), Matt Claman (D), Robert Yundt (R), Cathy Giessel (R), Cathy Tilton (R), Jesse Kiehl (D), Jesse Bjorkman (R), and George Rauscher (R).
What is the current status of SB208?
This bill has passed the Senate. Introduced January 21, 2026. It now moves to the second chamber.
Where can I track SB208?
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