Is Delta 8 THC Legal in North Dakota?

Delta 8 THC is legal in North Dakota, but there are some restrictions. According to state law, Delta 8 is legal in North Dakota and so is Delta 9 (as long as it meets the federal limits).  Find out more about buying and selling Delta 8 in North Dakota below!

Delta 8 can only contain up to .3% of delta-9 tetrahydrocannabinol (THC) concentration, as measured on a dry weight basis.  The Delta THC 9 version, when derived from industrial hemp, is legal in the state.  Delta 9 THC is found in greater amounts (compared to Delta 8 THC) as it can found as a naturally occurring compound in industrial hemp.  Let's learn more about how the state views the Delta 8 THC compound in the state!     

Yes, Delta 8 THC is legal in the State of North Dakota.

In North Dakota, Delta 8 THC products are allowed. Following guidance from the US Farm Bill of 2018, the State of North Dakota is strictly monitoring the levels of Delta-9 THC, and they are not interested in monitoring the Delta-8 THC contents of the industrial hemp plant cannabis sativa.

Current North Dakota Delta-8 Legislation

North Dakota moved to legalize hemp some time after the 2018 Farm Bill became law. This legislation subsequently legalized CBD and other hemp derivatives, extracts, cannabinoids, isomers, and salts of isomers. The state went further to amend the Controlled Substances Act, making Delta-8-THC derived from hemp legal in the state.

According to the North Dakota Century Code CHAPTER 4.1-18.1, they state:

"Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

Since November 2016, medical marijuana from the cannabis plant has been legal to buy for residents with a medical card. In 2018, the US Farm Bill was signed by the president which made it federally legal to possess products from the industrial hemp plant containing Delta-9 THC up to .3% delta-9 THC measured on a dry weight basis.

With the Farm Bill becoming the law of the land, the dietary product cannabidiol (CBD) became an instant hit across the country which led to the introduction of CBD-infused products to the market. However, the minor cannabinoid Delta-8 tetrahydrocannabinol became accessible, along with other isomers of tetrahydrocannabinol, as the regulation-focus of the Farm Bill was strictly meant for monitoring Delta-9 THC levels. With isomers of tetrahydrocannabinol technically being isomers of hemp under the Farm Bill, the legalization of a potent product, like Delta 8 THC Products, became a reality for the State of North Dakota.

North Dakota Industrial Hemp Act

The North Dakota Agriculture Department is following the latest updates from the USDA in updating their Hemp Act for the state. Opting to remain under the pilot program, the state's hemp program aims to be compliant with federal rules.

To remain compliant in the program, participants must either be registered with the DEA or be registered with an agricultural or academic research program within the state. Additional licensing fees are required as well as a criminal background check to participate.

List of controlled substances

The Uniform Controlled Substances Act for the state lists the various substances that are prohibited in the State of North Dakota. Delta-8 THC is not listed nor are any of its name variations.

Buying and Shipping Delta 8 in North Dakota

Since Delta 8 is legal in the State of North Dakota, residents can buy exciting delta-8 products such as ingestible products as this particular type of psychoactive cannabinoid in hemp is permitted. Though, synthetic substances are still prohibited.

Border States to North Dakota:

South Dakota, Minnesota, and Montana

With a shipping address located in North Dakota, Delta-8 THC is allowed in the State.

Advocacy Groups in North Dakota Supporting Delta 8 and Hemp Laws

North Dakotans are supportive of the Delta-8 movement and pushing forward towards better Hemp Laws. Check out some of the standout organizations in the State:

- NORML North Dakota

- North Dakota Medical Marijuana Support Group

News stories covering raids or busts on Delta 8 Products and stores in North Dakota

4/23/2021

Hemp regulation bill gets a facelift

4/22/2021

Future of Delta 8 products unclear in ND as legislators amend hemp regulations

2/24/2021

ND House votes to legalize cannabis

2/19/2021

ND legal cannabis bill approved in committee

2/18/2021

North Dakota Lawmakers Approve Marijuana Legalization Bill In Committee