Is Delta-8 Legal in North Dakota?

North Dakota prohibited delta-8 THC in 2021 but legalized alcohol sales from 8 am on Sundays.

Delta-8 THC flower product sold in North Dakota
CannabinoidLegal StatusLegislation
Delta-8 THCProhibitedBill 1045
Delta-10 THCProhibitedBill 1045
CBDLegalBill 1349
Medical MarijuanaLegalMeasure 5
Recreational MarijuanaProhibited

Sadly, hemp-derived delta-8 THC is not legal in North Dakota. The state considers it a Schedule I controlled substance under its Controlled Substances Act. This legal status means the use, possession, sale, distribution, purchase, production, and promotion of delta-8 is not permitted under North Dakota state law. All other THC isomers, including delta-10, THC-O, and HHC, are also controlled substances. 

However, hemp-derived CBD is legal in North Dakota, as is medical marijuana. Adult-use recreational cannabis remains prohibited but marijuana legalization advocates are currently attempting to legalize it.

Summary:

  • Delta-8 THC is a prohibited controlled substance in North Dakota.
  • The use, possession, sale, distribution, purchase, production, and promotion of delta-8 products are not permitted under state law. 
  • Delta-10, THC-O, HHC, and other THC isomers are also illegal. 
  • Hemp-derived CBD remains legal, as does medical cannabis. However, recreational marijuana is not yet legalized.

No, delta-8 THC is not legal in North Dakota. State lawmakers prohibited the use, possession, sale, distribution, purchase, production, and promotion of delta-8 products on April 26, 2021. All other THC isomers, including delta-7, delta-10, THC-O, and HHC, are also prohibited under North Dakota state law.

Delta-8 THC tincture product

Legislative history of delta-8 in North Dakota

On December 20, 2018, the federal government enacted the groundbreaking Agriculture Improvement Act (Farm Bill) legalizing hemp production and cultivation across 50 US states, as well as allowing the sale, distribution, and transport of hemp-derived products (including delta-8) carrying no more than 0.3% THC. 

Following the passage of the Agriculture Improvement Act, North Dakota signed House Bill 1349 into law in March 2019, creating a regulatory framework for a commercial hemp program, overseen by the North Dakota Department of Health. 

On April 26, 2021, State Governor Doug Burgum signed House Bill 1045 into law. This bill amends North Dakota’s hemp regulation bill and redefines THC as not only delta-9 but also delta-8, delta-10, THC-O, HHC, and all other THC isomers. This redefinition means hemp-derived products can only carry up to 0.3% delta-9, delta-8, and other THC isomers combined, essentially making all delta-8 products prohibited under state law. 

House Bill 1045 also prohibits processors from creating products through chemical isomerization, a simple process where delta-8 is converted from isolated CBD using specialized chemicals in a laboratory setting. 

Ultimately, this bill means physical retail stores and online delta-8 vendors cannot sell or distribute delta-8 products in North Dakota under state law. Likewise, customers cannot use, possess, or purchase delta-8 either. 

A month previously, North Dakota lawmakers signed Senate Bill 2200, allowing bars, restaurants, and liquor stores to sell alcohol from 8am on Sundays. And delta-8 is what consumers should be careful of? Bravo, North Dakota. Bravo.

Can you legally purchase delta-8 in North Dakota?

Unfortunately, you cannot legally purchase delta-8 in North Dakota. Under state law, the use, possession, and sale of delta-8 products are prohibited.

Related: Where is Delta-8 Available to Legally Purchase?

Can you cross North Dakota state borders with delta-8?

No, you cannot cross North Dakota’s state borders with hemp-derived delta-8 products in your possession. Hemp-derived delta-8 is an illegal prohibited controlled substance under state law. 

Likewise, you cannot travel into North Dakota with marijuana-derived delta-8 in your possession either. Not only does the state consider marijuana a controlled substance but it’s also federally prohibited across all 50 states. And since state borders are controlled by the federal government, crossing into North Dakota with delta-8 could be viewed as trafficking and importing an illicit substance, punishable under federal law.

Related: Does Delta-8 Show Up on a Drug Test?

Medical marijuana plant

No, recreational cannabis for adults aged 21 and above is not legal in North Dakota under state law. On the other hand, medical marijuana for qualifying patients with a doctor’s recommendation and medical cannabis card is legal. Simple possession of cannabis without a doctor’s recommendation or medical cannabis card is decriminalized. 

Medical marijuana

In November 2016, North Dakota residents approved Measure 5, also known as the North Dakota Compassionate Care Act, which allows the legal use, possession, distribution, and production of medical marijuana within the state. The law went into effect six months later in April 2017 and the first dispensary opened two years later in March 2019. 

There are now 26 qualifying medical conditions patients must have to access medical cannabis, including AIDS, cancer, severe pain, and arthritis. 

North Dakota allows patients to possess up to 3 oz of marijuana flower or a 30 days supply of THC totaling 2,000 mg, which must be obtained through state-licensed dispensaries. There are currently two medical cannabis producers and eight dispensaries legally operating in the state. 

According to the Department of Health, Division of Medical Marijuana, nearly 5,000 patients have registered into the state’s medical cannabis program. 

North Dakota prohibits home cultivation of medical cannabis after the passing of Senate Bill 2344. 

Effective May 3, 2021, House Bill 1213 instructs the North Dakota Department of Health (DoH) to waive criminal history checks for caregivers assisting medical cannabis patients with terminal illnesses. The waiver will last for six months. 

Recreational marijuana

Recreational marijuana flower

Despite two previous attempts to legalize recreational cannabis in North Dakota, it remains illegal under state law, meaning the use, possession, sale, distribution, cultivation, and production of recreational cannabis products are prohibited. 

During the North Dakota midterms in 2018, voters convincingly rejected Measure 3, a ballot initiative aiming to legalize the use, possession, cultivation, and sale of recreational cannabis for adults aged 21 and older.

This initiative would also have expunged previous low-level cannabis convictions from criminal records. 

Another recreational cannabis legalization initiative (North Dakota Freedom of Cannabis Act) failed to make the ballot in 2020. 

In May 2019, state lawmakers removed jail time penalties for low-level recreational cannabis possession, following House Bill 1050, signed by Governor Doug Burgum. 

Adults 21+ caught possessing less than half an ounce of cannabis will receive an infraction punishable by a fine of up to $1,000 with no risk of jail time. It was previously a misdemeanor punishable by up to 30 days in jail.

Can you buy delta-10 THC, THC-O, or HHC in North Dakota? 

No, you cannot purchase delta-10, THC-O, HHC, or any other THC isomer in North Dakota under state law. No online vendor or physical retail store can legally sell products carrying above 0.3% delta-10, THC-O, or HHC. Anything above 0.3% and the product is considered illegal.

Related: Delta-10 THC vs Delta-8 THC: Which is Stronger?

Yes, CBD is legal in North Dakota under state law, provided it’s sourced from federally-compliant hemp plants carrying no more than the legal 0.3% THC limit. This legal status means the use, possession, sale, distribution, purchase, and production of hemp-derived CBD products are legal without fear of penalty or prosecution. 

In March 2019, the North Dakota Senate created a regulatory framework for the commercial cultivation and production of industrial hemp with the passing of House Bill 1349

However, North Dakota prohibits CBD products derived from marijuana plants carrying more than 0.3% THC. The state considers them controlled substances under the state’s Uniform Controlled Substances Act.

Related: Delta-8 vs CBD: What’s the Difference?

Upcoming legislation

There is currently no upcoming legislation that could change delta-8’s legality in North Dakota. Currently, delta-8 and other THC isomers derived from hemp and marijuana will remain controlled substances for the foreseeable future.

Conclusion

North Dakota’s decision to place delta-8 on its list of controlled substances—ultimately banning it across the state—isn’t a good move. 

Businesses and vendors are now stuck with unsellable delta-8 inventory. Customers who are reliant on delta-8 products as an alternative treatment for their symptoms either need a medical marijuana card or purchase it illegally through a potentially unsafe black market. 

We believe regulating delta-8 is the best way forward. Not only will customers know their delta-8 products are tested for safety and purity but they’ll also legally obtain them through state-licensed dispensaries. 

We hope North Dakota adopts a better stance on delta-8 later in 2022.