February 20, 2021 5 min read

Delta-8-THC, a mildly psychoactive hemp cannabinoid, has gained legal federal status, but is Delta-8-THC legal in North Dakota?

Luckily, yes! The state has legalized all hemp derivatives and made special exceptions that exclude hemp-derived tetrahydrocannabinols from the list of Controlled Substances in the state. That means that you might be able to find Delta-8 in North Dakota Stores, or you can easily get it online and have it shipped right to your door.

Before you buy Delta-8 in the state, take a look at North Dakota’s Delta-8-THC laws:

Looking for legal Delta-8-THC you can buy in North Dakota? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
North Dakota Delta-8-THC Laws
Is Delta-8 a Controlled Substance in North Dakota?
Delta-8-THC Possession Limits in North Dakota
Is Delta-9-THC Legal in North Dakota?
Where to Buy Delta-8 in North Dakota
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • North Dakota broadly legalized hemp and all of its derivatives. Hemp-derived THC is also specifically exempt from scheduling as a controlled Substance. That means Delta-8 is legal in North Dakota.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You may be able to find it at a limited number of stores in North Dakota, but you can also buy legal Delta-8 online and have it shipped directly to your door.

North Dakota Delta 8 THC Laws

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.

At first, many people expected North Dakota’s laws to match their hemp-restricted neighbor, Montana, where Delta-8 is illegal.

Thankfully, the state went further to amend the Controlled Substances Act to make an exception for “tetrahydrocannabinols in hemp,” making Delta-8-THC derived from hemp legal in the state.

Here are some excerpts from North Dakota state law:


4.1-18.1-01. Hemp (cannabis sativa L.).

“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.


19-03.1-01. Definitions.

  1. “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term marijuana does not include hemp as defined in title 4.1.

19-03.1-05. Schedule I.

  1. Hallucinogenic substances. n. Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, including synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant; excluding tetrahydrocannabinols found in hemp as defined in title 4.1; such as the following:

(1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other names: Delta-9-tetrahydrocannabinol.

(2) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.

(3) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic

positions covered.)

Hemp plants in full bloom, the only source of Delta-8-THC that is federally legal. Is Delta-8 a Controlled Substance in North Dakota?

Nope! North Dakota specifically amended their Controlled Substances list to clarify that tetrahydrocannabinols found in hemp are specifically excluded from the schedule where cannabis-derived tetrahydrocannabinols are listed as Schedule I Substances.

Delta 8 THC Possession Limits in North Dakota

In North Dakota, there are no defined possession limits for legal hemp material.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in North Dakota?

North Dakota voters passed Measure 5 in 2016, which enacted the North Dakota Compassionate Care Act. This measure legalized medical cannabis in the state for qualifying patients. Recreational cannabis is still prohibited in the state.

North Dakota enforces harsher punishments for illegal cannabis possession than most states. Illicit possession of up to one half ounce can result in fines of up to $1,000. Additional offenses or larger amounts are subject penalty but larger fines and/or prison time.

Where to Buy Delta 8 in North Dakota?

Delta-8 vaporizers, a popular dosing style where Delta-8-THC is legal, including North Dakota.

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. If you’re looking to buy Delta-8-THC in North Dakota, you may be in luck!

Many nearby states also allow Delta-8 manufacturing, like South DakotaMinnesota, and Wyoming. Of course, regulations vary greatly and product quality may be in question.

It’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in North Dakota?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Vida Optima Elev8 Candy

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in North Dakota according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Ready to shop for Delta-8 in North Dakota? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.


  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “North Dakota Century Code t04.1c18.1” https://www.legis.nd.gov/cencode/t04-1c18-1.pdf
  5. “CHAPTER 19-03.1 UNIFORM CONTROLLED SUBSTANCES ACT” https://www.legis.nd.gov/cencode/t19c03-1.pdf
  6. “INITIATED CONSTITUTIONAL MEASURE NO. 5” https://vip.sos.nd.gov/pdfs/Measures%20Info/2016%20General/Measure%205.pdf

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